The Indigenous People of Biafra, IPOB, has said that no court in the common law world can try a case that is rooted on repealed laws as it violates the principle of double jeopardy.
The Media and Publicity Secretary of the group, Emma Powerful stated this in a statement on Tuesday while calling on Justice Kolawole Omotosho of the Abuja Federal High Court to strike out the ongoing charge preferred against Nnamdi Kanu.
He said the charges against the IPOB leader amounted to a resurrection of the Terrorism Prevention Amendment Act 2013, which was repealed in full on May 22, 2022, by the Terrorism Prevention and Prohibition Act (TPPA) 2022 (Section 97).
The statement also listed sections of the Administration of Criminal Justice Act, ACJA, that supported the Court of Appeal’s acquittal of Nnamdi Kanu.
“On 13 October 2022, the Court of Appeal discharged and acquitted Mazi Kanu – a verdict that under: Section 249(1), ACJA 2015 operates as acquittal;
“Section 36(9), 1999 Constitution bars retrial;
“FRN v. Saraki (2018) 16 NWLR (Pt. 1646) 433: Jurisdictional discharge = final acquittal.
“The Supreme Court’s reversal without curing this defect is constitutional arson,” the statement said.
“The charges ‘remitted’ for trial were brought under the Terrorism Prevention Amendment Act 2013 – repealed in full on 12 May 2022 by the Terrorism Prevention and Prohibition Act (TPPA) 2022 (Section 97).
“A.G. Federation v. A.G. Abia State (2002) 6 NWLR (Pt. 764) 542: ‘Courts cannot breathe life into repealed statutes.’
“Interpretation Act 2004, Section 6(3): Repeal kills pending proceedings unless saved – no saving clause applies,” IPOB added.
