Barrister Njoku Jude Njoku, a Nigerian lawyer and member of the defense team for Indigenous People of Biafra (IPOB) leader Nnamdi Kanu, has condemned the Supreme Court’s decision to remit Kanu’s terrorism trial back to the Abuja Federal High Court. Njoku argues that the apex court’s December 15, 2023 ruling violates the doctrine of finality of appellate discharge.
Kanu’s trial has been contentious ever since the IPOB leader refused to enter a defense after the government closed its case against him. His defense maintains that the Court of Appeal’s acquittal on October 13, 2022, nullified the trial, granting Kanu a non‑derogable immunity that bars any retrial for the same offenses. Njoku contends that the Supreme Court’s remand disregards this immunity, describing the decision as a “blatant constitutional perversity” that undermines the rule of law and the universal principle of finality of appellate discharge.
To support his position, Njoku cited legal authorities from England, Canada and Australia, asserting that an appellate acquittal is final and conclusive. He also referenced Nigerian jurisprudence, including *Dokubo‑Asari v. FRN*, which reinforces the doctrine of finality of appellate discharge. Accordingly, he claims the Supreme Court’s remittal is void ab initio because it breaches the constitutional immunity conferred by the Court of Appeal’s acquittal.
Furthermore, Njoku criticized the five‑member panel that remitted the case, accusing it of committing a “second constitutional abomination” by overturning African Charter jurisprudence previously settled by a seven‑member full constitutional bench of the Supreme Court. The development carries significant implications for Kanu’s trial, judicial independence and the rule of law in Nigeria. The case continues to attract close attention, and the next steps in the legal process are eagerly anticipated as the judiciary confronts the concerns raised by Njoku and the broader impact of the Supreme Court’s decision on the country’s legal system.
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