The family of detained leader of the Indigenous People of Biafra( IPOB), Nnamdi Kanu, has declared that the Supreme Court is not above the constitution.
In a statement issued by its spokesperson, Prince Emmanuel Kanu, the family made the announcement in response to concerns about the IPOB leader’s continuing terrorism trial.
The statement emphasised that the Supreme Court’s rationale for Nnamdi Kanu’s incarceration did not negate its illegality.
The family demanded that Nigerians stop worshipping judges and start respecting the law.
The statement read, “Many Nigerians wrongly believe “the law is what the Supreme Court says it is.”
That’s false. Section 1(3) of the Constitution is clear — if any act or judgment violates the Constitution, it’s void. Even the Supreme Court cannot legalize illegality.
“In criminal law, a discharge and acquittal means total freedom. Section 36(9) says no one shall be tried again for the same offence — that right is sacred and non-derogable.
“When the Court of Appeal frees someone (as was done in the case of Mazi Nnamdi Kanu) because the trial court had no jurisdiction, the case is over. You can’t “continue” a case that never legally existed. To attempt it is legal witchcraft — what lawyers call legal necromancy.
“Even the Supreme Court once admitted it in Ogbomor v. State (1985) — a void proceeding remains void forever. Mazi Nnamdi Kanu’s case is void.
“Detaining someone after discharge is illegal under both the Constitution and Article 7 of the African Charter, which Nigeria has domesticated.
“So no, Mazi Nnamdi Kanu’s detention is not “lawful because the Supreme Court said so.” The Constitution is supreme — not the Supreme Court. Let’s stop worshipping judges and start respecting the law.”
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