04/11/2025
PUBLIC BRIEFING NOTE
FRN v. MAZI NNAMDI KANU
Federal High Court, Abuja – Hon. Justice James Omotosho
Tuesday, November 4, 2025
KANU HAS NO VALID LIVING OR EXTANT CHARGE AGAINST HIM.
NONE. ZERO. NULLITY.
THE ENTIRE CHARGE SHEET IS A LEGAL CO**SE — REPEALED, NON-EXISTENT, AND UNAMENDED IN OPEN DEFIANCE OF A SUPREME COURT ORDER.
That is not opinion.
That is black-letter law.
That is Section 36(12) CFRN 1999.
That is the Supreme Court judgment of 15 December 2023.
That is the truth the judge refused to acknowledge today.
PLAIN ENGLISH: WHAT ACTUALLY HAPPENED IN COURT – WITH REAL EXCHANGES
Kanu appeared in court, stood up, and represented himself. The courtroom was full, tense, and expectant.
1. Kanu: “My Lord, there is no charge before this court.”
Kanu immediately adopted his Motion on Notice filed on 30 October 2025, and said:
“My Lord, this court lacks jurisdiction. There is no charge against me that exists in any current Nigerian statute. I ask that the court strikes it out today.”
He requested a ruling immediately.
2. Judge refuses to rule, calls the application “not final.”
Justice Omotosho responded:
“This is not a final address. The court will take your motion at the appropriate stage.”
Kanu replied firmly:
“Jurisdiction is taken first, My Lord. Without a charge, there can be no stage.”
3. Kanu reads the Supreme Court judgment aloud in court
Kanu opened the certified judgment of the Supreme Court (15 Dec 2023) and read the famous paragraph of Garba JSC:
“Count 15 does not exist in the body of Nigerian laws. It is unknown to our law. The prosecution must amend it.”
He looked directly at the prosecution bench:
“You were ordered to amend it. You disobeyed. Yet you forced me to plead to a count that does NOT exist. That alone nullifies this entire proceeding.”
4. Prosecution caught flat-footed – no law cited
Kanu turned to Awomolo, SAN:
“Learned Silk, please tell this court the extant written law I allegedly broke.”
Awomolo SAN paused, shuffled his papers, and remained silent.
The court gallery murmured.
Kanu repeated slowly:
“Just one law. The name, section, and statute in force today.”
Still no answer.
5. Kanu invokes Section 36(12) – the constitutional kill-switch
Kanu:
“Section 36(12) is clear. No person shall be tried or convicted for any offence not defined in a written law. No written law = no offence = no charge = no trial = no detention. I should not be here, My Lord.”
Judge Omotosho replied:
“That provision applies at the point of conviction, not trial.”
Kanu shot back instantly:
“My Lord, respectfully, that is wrong. The moment the law dies, jurisdiction dies. The trial cannot begin. It is a nullity ab initio.”
6. Kanu cites global case law
Kanu raised his voice slightly and cited Lord Camden’s historic ruling in Entick v. Carrington (1765):
“If the offence is not found in our law books, it is not law.”
He added:
“My Lord must take judicial notice of the repeal. That is the Evidence Act, Section 122.”
Judge did not respond to the legal point.
7. Court tries to force defence to begin
Justice Omotosho:
“Mr. Kanu, are you ready to open your defence or not?”
Kanu:
“I will open my defence now — this minute — if you show me the extant law under which I am charged.”
Court fell silent.
8. Awomolo SAN attempts an attack — and fails
Awomolo SAN rose:
“He is wasting the time of the court. He should proceed to his defence.”
Kanu faced him squarely:
“Senior Advocate, you accuse me of wasting time? Produce the law. If you show it to me, I will enter the dock this second. Let the world hear it.”
Awomolo SAN sat down. Silent.
Observers whisper: “Checkmate.”
9. Kanu accuses the court of denying fair hearing
Kanu:
“This is constructive denial of fair hearing. You refuse to acknowledge the repeal of the law, refuse to obey the Supreme Court, refuse judicial notice. That is persecution, not a trial.”
Court did not challenge the statement.
Adjournment
The court adjourned to:
Wednesday, November 5, 2025
For Kanu to “enter defence or waive it.”
Kanu maintained his position: “No law, no trial.”
THE CHARGE SHEET — OFFICIAL AUTOPSY
Count Law Cited Status of Law Legal Verdict
1–6 Terrorism Prevention Amendment Act 2013 Repealed by TPPA 2022, Section 97 VOID
7 “Criminal Code Cap C45” + CEMA Cap C45 does not exist; Supreme Court ordered amendment — ignored; CEMA repealed 2023 NULLITY
No amendment.
No living law.
No jurisdiction.
No trial.
THE LAW — NO LEGALESE
Section 36(12) CFRN:
If the offence is not written in a valid law, no court can try you.
Aoko v. Fagbemi (1961):
Trying or convicting under a non-existent law = injustice.
Garba v. University of Maiduguri (1986):
Jurisdiction comes first. Without it, the entire trial collapses.
TODAY’S TAKEAWAY — IN ONE TRUTHFUL LINE
Kanu proved the charge is dead.
The court proved it does not want to admit it.
OUR DEMAND — NON-NEGOTIABLE
Obey the Supreme Court: Amend the charge or strike it out.
Respect Section 36(12): No law = immediate release.
End the charade. Free Mazi Nnamdi Kanu now.
Issued by:
Onyedikachi Ifedi, Esq.
Counsel & Public Briefing Lead
Abuja, Nigeria
Compiled from direct courtroom observations, verified press reports, and real-time updates.
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