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Jude the Barrister The Supreme Court is not above the constitution, according to Njoku Jude, one of the attorneys for Nnamdi Kanu, the incarcerated leader of the Indigenous People of Biafra, or IPOB.
Njoku made the announcement in a statement on Saturday in response to concerns about the IPOB leader’s ongoing terrorism trial.
The statement emphasized that the Supreme Court’s rationale for Kanu’s imprisonment did not negate its illegality.
The attorney exhorted Nigerians to respect the law and cease idolizing judges.
“Many Nigerians mistakenly believe that the law is what the Supreme Court says it is,” the statement said.
That is untrue. The Constitution’s Section 1(3) makes it explicit that any act or decision that contravenes the Constitution is null and void. Illegality cannot even be made legal by the Supreme Court.
“A release and acquittal in criminal law entail complete freedom. No one shall be tried twice for the same offense, according to Section 36(9); this privilege is inalienable and unassailable.
“The case ends when the Court of Appeal releases a party due to the trial court’s lack of jurisdiction, as was the case with Mazi Nnamdi Kanu. A case that never existed legally cannot be “continued.” Legal witchcraft, or what attorneys refer to as legal necromancy, is what it means to try.
In Ogbomor v. State (1985), even the Supreme Court acknowledged that a void procedure is forever void. The case of Mazi Nnamdi Kanu is null and void.
According to Article 7 of the African Charter, which Nigeria has adopted, and the Constitution, it is unlawful to hold someone after they have been released from custody.
The Constitution, not the Supreme Court, is supreme, thus no, Mazi Nnamdi Kanu’s arrest is not “lawful because the Supreme Court said so.” Let’s respect the law instead than idolizing judges.
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