EDUCATIONAL LEGAL ESSAY FOR THE PUBLIC

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In recent months, particularly across Nigeria’s South-East, calls for the Federal Government to grant clemency, mercy, or a so-called political solution in the case of Mazi Nnamdi Kanu have intensified. While these appeals may appear well-meaning, they are fundamentally flawed in law. Such requests suggest—wrongly—that Kanu is guilty and requires a political favour to regain his freedom.

The Legal Reality: Discharged and Acquitted

The undisputed legal fact is that Mazi Nnamdi Kanu was discharged and acquitted by the Court of Appeal in 2022 on the grounds of jurisdictional nullity. In plain terms, the government had no lawful authority to prosecute him in the first place. Once a case collapses for lack of jurisdiction, it cannot be revived. The law treats such a discharge as final, carrying the same effect as an acquittal.

The Supreme Court Controversy

In December 2023, the Supreme Court purported to overturn this appellate discharge. Legally, that was a grave misstep. No court—not even the Supreme Court—has the power to resurrect a case nullified by an appellate ruling on jurisdiction. This principle, known as the doctrine of appellate discharge, is well-established in Nigerian law.

Key precedents confirm this position:

• Ogbomor v. State (1985) – A discharge on jurisdiction is final.

• Okafor v. State (2006) – A jurisdictional discharge is as good as an acquittal.

• FRN v. Ifegwu (2003) – Retrying an accused after jurisdictional discharge is unlawful.

By disregarding these binding precedents, the Supreme Court’s ruling appeared more political than legal—an unfortunate deviation from constitutional justice.

Constitution Above All: Not the Courts

The Nigerian Constitution, not the courts, is supreme. Section 1 of the Constitution renders any law or action inconsistent with it null and void—including Supreme Court decisions. Section 36(9) further protects citizens from being tried twice for the same offence, under the principle of double jeopardy.

Unfortunately, some judicial officers act as though the Supreme Court is above the Constitution, which is a fundamental legal error. The Constitution reigns supreme over all arms of government. When this is ignored, justice suffers, and public confidence in the judiciary erodes.

Clemency Is Misplaced in Kanu’s Case

Clemency applies only to convicts. Political settlements apply to those found guilty seeking pardon. Mazi Nnamdi Kanu is neither. He is a citizen unlawfully detained despite a clear appellate discharge. What he needs is not mercy—but respect for the law.

Therefore, the rightful demand from Biafrans, the UK Government, Igbo governors, traditional leaders, civil society, and every Nigerian committed to justice should be simple:

👉🏽 Release Mazi Nnamdi Kanu immediately in obedience to the Court of Appeal’s judgment.

A Call to History

History will judge this generation harshly if we allow politics to overshadow justice. The continued detention of Mazi Nnamdi Kanu after a lawful discharge is not a political issue—it is a constitutional violation.

Instead of begging for clemency, we must educate ourselves, uphold the supremacy of the Constitution, and insist that the law be obeyed. Justice delayed in this case is not just justice denied—it is justice deliberately subverted.