News
Serial Disobedience of Court Orders: Legal luminary calls for Executive Intervention in prosecution of Nnamdi Kanu
…urges President Tinubu to consider a Nolle Prosequi
Vincent Egechukwu Obetta, Esq., former lead counsel to Mazi Nnamdi Kanu, has sent a strong appeal to President Bola Ahmed Tinubu, urging decisive executive action over the continued prosecution and detention of the IPOB leader amid serial violations of court orders and constitutional safeguards.
The legal luminary made the appeal in an open letter he sent to the president on the lingering prosecution and detention of Mazi Kanu a copy of which was obtained by The Advocate on Monday.
Obetta emphasized that the prolonged detention of Kanu, despite multiple binding court judgments ordering his release, represents a grave affront to the rule of law, judicial authority, and Nigeria’s constitutional integrity.
Background: Multiple Court Orders Ignored
According to Obetta, he secured the first bail granted to MaziKanu on 19 October 2015 in suit No. ABJ/CMC/CR/21/2015 at the Chief Magistrate Court, Wuse Zone 2, Abuja. The bail order was never obeyed by the State Security Service.
Subsequently, in December 2015, Justice A.F.A. Ademola of the Federal High Court ordered Kanu’s unconditional release after dismissing an application for further detention—an order that also remains unenforced.
“These persistent refusals to comply with subsisting court directives constitute a direct violation of Section 287(3) of the 1999 Constitution,” Obetta stated.
Obetta further highlighted that Kanu’s 2021 abduction in Kenya and subsequent transfer to Nigeria bypassed all lawful extradition procedures.
He wrote: “The High Court of Kenya, in Petition No. E359 of 2021, ruled that the operation was illegal and unconstitutional, awarding Kanu damages of 10 million Kenyan shillings.
“The Court of Appeal, in October 2022 (CA/ABJ/CR/625/2022), held that Kanu’s rendition violated international law, stripped the Federal High Court of jurisdiction, and invalidated the remaining charges. It also ordered his release.
“Although the Supreme Court in December 2023 restored the terrorism charges, Obetta noted that the Court did not deny the underlying constitutional breaches.”
He said the conflicting judicial positions underscore the need for executive intervention “in the interest of justice, legal order, and national stability.”
Obetta warned that the Federal Government’s repeated disobedience of court orders undermines public trust, fuels regional tension—particularly in the South-East—and damages Nigeria’s international credibility.
“A government that disregards its own courts sends a troubling message that the law is optional,” he said, citing the Supreme Court’s condemnation of executive lawlessness in Governor of Lagos State v. Ojukwu.
He therefore called on President Tinubuu “to ensure immediate compliance with all binding court judgments, including those ordering Kanu’s release.
“Direct the release of Mazi Nnamdi Kanu in accordance with the law.
“Advise the Attorney-General of the Federation to consider entering a nolle prosequi in the overriding public and national interest.
“Support a reconciliatory, peaceful, and lawful resolution to reduce nationwide tension and restore confidence in Nigeria’s justice system.”
“A nolle prosequi remains the most viable legal option to heal the wounds caused by years of unresolved litigation and constitutional violations,” Obetta said.
He urged President Tinubu to demonstrate statesmanship by restoring obedience to the rule of law and promoting national peace and unity.
FULL TEXT OF THE OPEN LETTER:
AN OPEN LETTER TO PRESIDENT BOLA AHMED TINUBU
His Excellency,
President of the Federal Republic of Nigeria
Aso Rock Presidential Villa, Abuja.
17th November, 2025.
Your Excellency,
SERIAL DISOBEDIENCE OF COURT ORDERS:URGENT REQUEST FOR EXECUTIVE INTERVENTION IN THE PROSECUTION OF MAZI NNAMDI KANU AND CONSIDERATION OF A NOLLE PROSEQUI
Your Excellency, I write with a deep sense of urgency and duty concerning the continued prosecution and detention of MaziNnamdi Kanu. The circumstances surrounding his case hasraised grave constitutional, legal, and international concerns that can no longer be ignored.
1. Background and Disobedience to Court Orders
I was the first legal counsel to represent Mazi Nnamdi Kanu at the early stages of his prosecution that commenced 26th day of October, 2015 at the Chief District Court Wuse zone 2, Abuja and I secured his first bail in the same court in suit No.:ABJ/CMC/CR/21/2015. That court order granting him bail was disobeyed as he was held by the State Security Service till date. The said order of the court is attached. The prosecution shunted to the Federal High Court Abuja and filed applicationsuit No.: FHC/ABJ/CS/8732015, seeking the order of the court to continue to detain Mazi Nnamdi Kanu for a further period of ninety (90) days. In opposition to the application, and after hearing my argument against further detention of Mazi Kanu, the court per my Lord Justice A.F.A. Ademola dismissed the application and ordered that the Applicant should be released from the prosecution/SSS detention facility unconditionally. The Order dated 17th December, 2015 is attached. These orders remain unimplemented to this day. The continued refusal to obey subsisting court directives is a clear violation of Section 287(3) of the 1999 Constitution. Such persistent disobedience strikes at the heart of the rule of law, weakens public trust, and undermines the integrity of our judicial system.
2. The Prosecution Lacks Legal Standing:
Your Excellency, a prosecution that is in open disobedience of court orders cannot claim a right of audience. The State cannot continue a trial while refusing to comply with binding judgments. As Lord Denning wisely said, “you cannot put something on nothing and expect it to stand.”
The continued trial, under these circumstances, amounts to an abuse of judicial process and a grave affront to judicial authority.
3. The Illegal Rendition from Kenya
Your Excellency, the manner in which Mazi Kanu was abducted in Kenya in June 2021 and brought to Nigeria without any lawful extradition process was unlawful. It violated the Extradition Act, Sections 35 and 36 of the Constitution, and the African Charter on Human and Peoples’ Rights.
The High Court of Kenya, in Constitutional Petition No. E359 of 2021, held that his abduction and removal were illegal, unconstitutional, and carried out with the complicity of state agents. The Court awarded him damages of 10 million Kenyan shillings.
4. Decisions of the Nigerian Court of Appeal and Supreme Court
The Court of Appeal, in CA/ABJ/CR/625/2022, made a clear and unequivocal finding:
In suit No.: SC/CR/1361/2022, the Supreme Court, in December 2023, restored the terrorism charges, it did not deny that grave violations occurred. It is the copious contradictions between these judgments that highlight the need for my earnest request for decisive executive intervention in the interest of justice, order, and national stability.
4. The Broader Impact: Rule of Law, Peace, and Nigeria’s Image
A government that disregards its own courts sends a troubling message that the law is optional. Our Supreme Court in Governor of Lagos State v. Ojukwu warned against “executive lawlessness,” noting that no nation can survive such a path.
The ongoing detention has heightened tension across the globe particularly the South-East of Nigeria, deepened public mistrust, and contributed to avoidable instability. Internationally, Nigeria’s image suffers when court orders, domestic or foreign are ignored. The obnoxious act fetters on Nigeria international commitments. Respect for, and fanatical obedience to the rule of law strengthens our moral authority and international standing.
6. My Humble Requests
Your Excellency, I respectfully request that you:
Conclusion
Your Excellency, decisive leadership in this matter will restore confidence in the rule of law, ease tensions, and strengthen Nigeria’s standing at home and abroad. I urge you to act in the interest of justice, fairness, and national peace.
A nolle prosequi is the only viable legal option that will heal the sore wounds that Mazi Kanu’s persecution has opened. The mood of the nation, today, is intolerant to legalism and fireworks.
I thank Your Excellency for your attention and in anticipation of your swift reaction.
Yours faithfully,
Vincent Egechukwu Obetta Esq.
Patriotic Nigerian.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has disclosed that there are two main reasons a former Minister of Science, Technology and Innovation, Uche Nnaji, is being detained by the commission.
It also revealed that legal action was taken against the Enugu-born politician after he failed to honour several invitations extended to him through a letter referenced ICPC/HC/CSTF/GUN/GBT/T.1/VOLV16, and dated 15 May 2026.
John Odey, the spokesman of the commission in a statement on Wednesday explained that the commission later approached Federal High Court, Abuja Division, with the suit No: FHC/ABJ/CS/1160/2026) in order to effect Nnaji’s arrest after his failure to honour invitation.
Nnaji was arrested at the Akanu Ibiam International Airport, Enugu, when he boarded a private jet to Abuja.
Corroborating the development, the ICPC spokesman said Nnaji’s arrest was effected at the Nnamdi Azikiwe International Airport, Abuja, upon his arrival where he was led to the commission’s custody immediately.
According to him, Nnaji is being probed on forgery of academic credentials, specifically concerning a degree certificate from the University of Nigeria, Nsukka (UNN) and False National Youth Service Corps (NYSC) Discharge Certificate, which was submitted during his ministerial screening process in 2023.
The statement read, “The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has arrested the immediate past Minister of Science, Technology and Innovation, Hon. Geoffrey Uchechukwu Nnaji (M), following the execution of a bench warrant issued by the Federal High Court of Nigeria.
“The arrest was effected on Wednesday, 1st July 2026 at the Nnamdi Azikiwe International Airport, Abuja, upon Mr. Nnaji’s arrival.
“He was apprehended with the assistance of the Department of State Services (DSS) and subsequently handed over to the ICPC for further investigation.
“The Commission had earlier extended formal invitations to the former minister through a letter referenced ICPC/HC/CSTF/GUN/GBT/T.1/VOLV16, dated 15 May 2026.
“The invitation notices were duly served to his known addresses in Abuja and Enugu, as well as via his electronic mail address.
“Despite service through multiple channels, Mr. Nnaji failed to appear for investigative interviews on the scheduled dates, necessitating further legal action.
“The legal action followed a court order granted by the Federal High Court in the Abuja Judicial Division (Suit No: FHC/ABJ/CS/1160/2026).
“The order, issued on 11 June 2026, directed the ICPC to arrest the former minister to enable investigation into allegations bordering on:
“Forgery of academic credentials, specifically concerning a degree certificate from the University of Nigeria, Nsukka (UNN); and “False National Youth Service Corps (NYSC) Discharge Certificate, which was submitted during his ministerial screening process in 2023.
“Following the arrest, Mr. Nnaji has been taken into custody at the ICPC headquarters in Abuja, where investigations are expected to continue. The Commission assures the public that the matter will be pursued diligently in accordance with the law.”
The immediate past Minister of Science and Technology, Uche Nnaji, was arrested on Wednesday at the Nnamdi Azikiwe International Airport, Abuja, on arrival from Enugu via a chartered flight.
Authoritative sources at the airport confirmed the arrest to PREMIUM TIMES, saying Mr Nnaji would be handed over to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for interrogation.
The reported arrest comes weeks after the Federal High Court reportedly granted the ICPC permission to arrest and investigate Nnaji over the allegations.
The court also authorised the anti-graft agency to declare him wanted through newspapers, social media platforms and other media channels after the commission alleged that he repeatedly failed to honour invitations for questioning.
According to the ICPC, its application to the court followed Nnaji’s alleged refusal to appear before investigators despite several invitations relating to the forgery allegations.
The case stems from a two-year investigation published by Premium Times in October last year, which alleged that Nnaji submitted forged University of Nigeria degree and National Youth Service Corps certificates during his ministerial screening and confirmation process in 2023.
The report alleged that the documents were presented to President Bola Ahmed Tinubu, the Nigerian Senate, the Office of the Secretary to the Government of the Federation and the State Security Service.
According to the publication, Nnaji later acknowledged that the University of Nigeria did not issue him the degree certificate in question, a development the newspaper said corroborated its investigation.Newspapers
The former minister had previously denied the existence of the court order authorising his arrest, dismissing the publication as a “media trial.”
However, on June 18, he reportedly filed an appeal before the Court of Appeal, seeking to overturn the arrest order.
As of the time of filing this report, the ICPC had not issued an official statement confirming the reported arrest, while Nnaji’s legal team had yet to publicly respond to the latest development.
The Federal High Court in Abuja, on Tuesday, restored the bail it had earlier granted to activist and presidential candidate of the African Action Congress (AAC), Omoyele Sowore.
Sowore is facing a two-count cybercrime charge filed against him by the Department of State Services (DSS) for calling President Bola Tinubu a “criminal” in a social media post.
Trial Justice Muhammed Umar, who had earlier granted the defendant bail on self-recognisance, on June 16 revoked the bail and issued a warrant for his arrest.
The order came after Sowore failed to appear before the court for the continuation of his trial, even though he wrote a letter explaining his absence and requesting a new date.
When proceedings resumed in the case on June 22, Justice Umar ordered the remand of the defendant in Kuje prison.
Dissatisfied with the actions the court took against him, Sowore—whose legal team had initially withdrawn from the case over alleged bias by the judge—secured a new lawyer, who promptly filed a motion to restore his bail and quash the arrest warrant.
When the case came up on Tuesday, Justice Umar held that he was minded to admit the defendant to bail.
However, the court listed some conditions that had to be met before he would be released from prison custody.
Aside from granting him bail to the tune of N200 million, the court held that the defendant must produce two sureties in like sum.
The court also ordered the defendant to surrender his international passport.
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Sowore, in the application he anchored on Sections 35(4), 36(1), and 66 of the 1999 Constitution, as amended, as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA) 2015, insisted that the orders the court made against him were unjust and unwarranted.
The defendant had, on December 2, 2025, pleaded not guilty to the charge marked FHC/ABJ/CR/484/2025, filed against him by the Department of State Services (DSS).
The charges allege offences under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
The offending posts, made on August 25, 2025, were in response to President Tinubu’s claim, made in Brazil, that his administration had ended corruption in Nigeria.
Angered by the posts, the DSS demanded that X Inc. (formerly Twitter) and Meta Platforms Inc. ban Sowore’s accounts and remove the posts.
The security agency also wrote to Sowore, asking him to delete the posts from all platforms.
Non-compliance with the request led to the charges.
The prosecution claims the defamatory posts were intended to cause a breakdown of law and order and to tarnish the president’s reputation.
Exhibits include printouts of the posts and the DSS letters.
X Inc. and Meta were initially co-defendants but were delisted in the amended charge.
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