The detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has explained why he cannot be prosecuted in any court in Nigeria.
Kanu cited Section 2, Subsection 3F of the Terrorism Prevention and Prohibition Act, 2022, which he claims prevents any court in the country from trying him.
The Act reads, “In this Act, “act of terrorism” means an act wilfully performed with the intention of furthering an ideology, whether political, religious, racial, or ethnic, and which; may seriously harm or damage a country or an international organisation;
“unduly compels a government or an international organisation to perform or abstain from performing any act; seriously intimidates a population; seriously destabilises or destroys the fundamental political, constitutional, economic or social structures of a country or an international organisation;
“influences a government or an international organisation by intimidation or coercion; violates the provisions of any international treaty or resolution to
which Nigeria is a party, subject to the provisions of section 12 of the Constitution of the Federal Republic of Nigeria, 1999.”
He made this statement on Monday, following the dismissal of his bail request or his transfer from Department of State Services custody to prison or house arrest by the Federal High Court in Abuja.
The IPOB leader also emphasized that any court attempting to prosecute him would be committing an act of terrorism.
He said, “Terrorism Prohibition and Prevention Act said I cannot be tried in Nigeria. That is the law of Nigeria. I can never be tried in any court of law in Nigeria. That is what the law says.
“Anyone standing in trial or coming to try me is a terrorist. That is what the law says, not me. Section 2, Subsection 3F of the Terrorism Prevention and Prohibition Act, that is what it says. Any court continuing to try me is committing an act of terrorism.”
This, he said, was the reason his case was being delayed.
“You cannot violate a treaty that Nigeria entered into. You entered my house and then came to try me, that is not done anywhere in the world so you must be aware that that is where there are all these ridiculous delays that is what the Supreme Court says, I did not jump bail, my home was invaded they came to kill me and I survived.
“They came to Kenya to kidnap me, brought me back to this country, and sought to try me, which the law says cannot happen. You cannot violate a treaty that was entered into and then hope to stand on that illegality to conduct a trial.
“It is not done anywhere in the world, and nobody has. There’s no exception, no exception whatsoever. That’s what the law says in Section 12. Nigeria becomes law, and it is law you cannot change. It doesn’t matter what they all do. This thing they are doing against me is just pure rubbish. You never stand not with me. I believe in justice and fairness, that’s all.”
