00:00Kingsley Kananta Kano, the younger brother to Mazinamdi Kano in an ex-post as reshared by barrister Aloy Ejimakor, the coordinating lawyer for the detained Biafra Republic agitation leader, Mazinamdi Kano has given reasons why his elder brother had continued to defend himself on the ground of no case submission, saying,
00:20the federal government of Nigeria who made the accusations and filed the terrorism charges against the Biafra leader has not been able to pinpoint any aspect of the Nigerian laws that should warrant his brother, Mazinamdi Kano to enter defense, citing several court rulings that invalidated the federal government accusations against the detained Biafra leader,
00:42this, Kingsley Kananta Kano stated in reaction to the commentary of Dr. Sam Ahmadi, published on this day newspaper, after the detained leader of the indigenous people of Biafra, Namdi Kano, on Monday, abandoned his earlier plan to call witnesses in his ongoing trial before the federal high court in Abuja.
01:02Nandi Kano, who is being prosecuted on seven counts of terrorism charges brought against him by the federal government, last two Friday, had prayed the court for an adjournment after informing the trial judge, Justice James Amatosho, that his former legal team, led by a former Attorney General of the Federation and Minister of Justice, Chief Kano Agabi, San, had yet to release his case file to him.
01:28Though, Nandi Kano had earlier expressed his readiness to open his defense in a written application to the court, in which he indicated his intention to call witnesses and requested the issuance of witness summons, but, at the resumed hearing on Monday, Kano told the court that upon reviewing the case file, he had concluded that there was no valid charge against him.
01:50Nandi Kano argued that since he believed the charges were unlawful and that the prosecution had failed to establish any case, there was no need for him to proceed with his defense.
02:01According to Punch newspaper, the trial judge, Justice James Amatosho, directed Kano to file a written address formally stating his position and to serve the prosecution accordingly.
02:12Justice Amatosho further advised the IPOB leader to consult experts in criminal law to understand the possible legal implications of his decision.
02:22The judge thereafter adjourned the case to November 4, 5, and 6 for the adoption of final written addresses, based either on Kano's position that no case had been established against him or for him to proceed with his defense if he decides otherwise.
02:37Kingsley Canuntah Kano's statement as recirculated by Barrister Aloy Ejimakor on Thursday, tagged, legal rejoinder, to the misleading commentary by Dr. Sam Abadi, published in this day of the 30th of October 2025, titled, If I were Kano, I would not refuse to write a defense, stated as follows below.
03:001. Introduction. Correcting a misguided narrative, the recent article by Dr. Sam Abadi in this day of this day of the 30th of October 2025, suggesting that Mazi Namni Kano should write a defense instead of claiming he has no case, exemplifies how poorly informed commentary can distort constitutional discourse in Nigeria.
03:23While the piece parades itself as legal analysis, it fundamentally misstates the law and facts of Mazi Kano's case.
03:32Kano is not refusing to defend himself, he is asserting the obvious and unassailable fact that there exists no valid, cognizable charge known to Nigerian law for him to defend.
03:44That is not defiance, it is constitutional obedience.
03:472. The settled matter of rendition.
03:50A closed chapter, contrary to Dr. Amadi's impression, the illegality of Kano's abduction and extraordinary rendition from Kenya has been conclusively settled.
04:00It is not in contention and not on trial.
04:03The matter has been determined by the Court of Appeal, Paroludotan Adafope Okugee, JCA, in FRN v. Kano, CA, ABJ, CR, 625.2022, which discharged Kano on 13 October 2022 and declared his rendition unlawful.
04:27The United Nations Human Rights Council, UNHRC, July 2022 and the UN Special Rapporteur on Counterterrorism and Human Rights, March 2023, both confirming violations of international law.
04:41The Federal High Court, which recognized the illegality of the rendition, and the Supreme Court, for Emmanuel Ajim, JSC, who acknowledged that Kano's abduction was a grave violation of international and domestic law.
04:57Therefore, to suggest that Kano is hiding behind rendition, is disingenuous.
05:04That issue is res judicator, finally and conclusively determined.
05:083. The crux of the matter.
05:11No charge known to law, Mazi Kano's insistence that he has, no case to answer, rests squarely on Section 36, 12, of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
05:26A person shall not be convicted of a criminal offense unless that offense is defined and the penalty therefore is prescribed in a written law.
05:33The present charge, FHC, ABJ, CR, 383, 2015, is built upon laws that have ceased to exist.
05:45Counts 1, 2, 5 and 8 are founded on the Terrorism Prevention, Amendment, Act 2013, repealed by Section 97 of the Terrorism Prevention and Prohibition Act 2022, TPPA 2022.
05:59Count 15, now 7, is founded on the Customs and Excise Management Act, CEMA, CAPC 45, LFN 2004, repealed by Section 281, 1, of the Nigeria Customs Service Act 2023.
06:17And counts 1, 2, 6, alleging acts in Kenya, have no validation under Section 76, 1, D, Roman Figure 3, TPPA 2022, which mandates that the alleged act must be punishable under Kenyan law and certified by a Kenyan court.
06:36These are not, technicalities, they are jurisdictional voids.
06:41A man cannot be tried for an offense that is not defined by an existing law.
06:46To insist otherwise is to drag the judiciary into constitutional heresy.
06:514. Constitutional Supremacy and Non-Derogable Immunity
06:54When the Court of Appeal discharged Carnot on the 13th of October 2022, that discharge triggered the non-derogable constitutional immunity enshrined in Section 36, 9.
07:07No person who shows that he has been tried by any court of competent jurisdiction for a criminal offense and either convicted or acquitted shall again be tried for that offense or for an offense having the same facts constituting that offense.
07:20This immunity is permanent, self-executing, and non-derogable, as confirmed by Sections 1, 3, and 45, 1, of the Constitution.
07:31No law, court, or executive order can override it.
07:36Even in times of national emergency, this right remains untouchable.
07:40Thus, the Supreme Court's remittal order of the 15th of December 2023, being inconsistent with Section 36, 9, cannot lawfully revive a null charge.
07:52Under Section 1, 3, any act inconsistent with the Constitution is void ab initio.
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