By VINCENT EGECHUKWU OBETTA Esq.

Your Excellency, I write with a deep sense of urgency and duty concerning the continued prosecution and detention of Mazi Nnamdi Kanu. The circumstances surrounding his case has raised 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 application Suit 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:

• Mazi Kanu’s rendition was illegal;

• His removal violated Nigeria’s international obligations;

• The trial court had no jurisdiction;

• The remaining charges were quashed and his release ordered. The Court expressly stated that the prosecution had lost the legal right to continue the case.

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:

1. Ensure immediate compliance with all binding court decisions, including the Court of Appeal judgment.

2. Direct the release of Mazi Nnamdi Kanu in accordance with the law.

3. Advise the Hon. Attorney-General of the Federation to consider entering a nolle prosequi in the overriding public interest.

4. Support a lawful, peaceful, and reconciliatory resolution that promotes national unity and stability.

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

17th November, 2025.