…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.

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.