The defence team of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has criticised his former lawyers, Chief Mike Ozekhome (SAN) and Mike Ejiofor, demanding explanations over their handling of the charge sheet used in prosecuting the separatist leader.
In a statement issued on Sunday by lawyer Christopher Chidera Esq., the current defence team described the charge sheet as legally defective, arguing that Kanu’s trial and conviction were based on a law that had already been repealed.
The lawyers maintained that the Supreme Court had repeatedly held that a valid charge is the foundation of any criminal trial, adding that where there is no proper charge, a court lacks the jurisdiction to proceed.
According to the defence team, the previous lawyers failed to properly challenge what they described as serious flaws in the charge sheet, despite having opportunities to do so.
The statement referenced the October 2022 judgment of the Court of Appeal, which reportedly struck out the charges against Kanu and ruled that the trial court lacked jurisdiction at that stage.
The defence team also argued that the Terrorism Prevention Amendment Act 2013, which formed the basis of some of the charges against Kanu, had been repealed by the Terrorism Prevention and Prohibition Act 2022.
They cited Section 36(12) of the Nigerian Constitution, which states that a person cannot be convicted of a criminal offence unless the offence is clearly defined and the punishment provided under a written law.
The lawyers said Kanu raised similar concerns when he took over his own defence before Justice James Omotosho, arguing that the offences listed against him did not exist under any current Nigerian law.
The team further alleged that the previous legal team failed to challenge other defects in the charge sheet, including the failure to specify where certain alleged broadcasts took place and the refusal to push for amendments to defective counts as directed by the Supreme Court.
“They had every opportunity to raise these issues but failed to do so with the urgency required,” the statement said.
The defence team argued that these alleged failures contributed to Kanu remaining in custody and eventually facing trial on what they described as an invalid charge sheet.
They called on Ozekhome and Ejiofor to explain their legal decisions, saying the matter was not just about legal procedure but about the liberty of their client.
“The Kanu family, the legal profession and the Nigerian public deserve answers,” the staement added.
