Pioneer lead counsel to the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, Barrister Vincent Egechukwu Obetta, has appealed to President Bola Ahmed Tinubu to take urgent executive action regarding what he described as the unlawful and prolonged detention of the separatist leader.
Obetta, who addressed journalists in Enugu on Monday, said the Federal Government’s repeated refusal to obey several court orders directing Kanu’s release has created a dangerous pattern of executive disobedience, weakened public trust in the judiciary, and put Nigeria’s democratic reputation at risk.
His comments come ahead of the November 20, 2025 judgment date fixed by Justice James Omotosho of the Federal High Court, Abuja, in the latest case filed by the Federal Government against Kanu.
The lawyer recalled that he secured the first bail granted to Kanu on 19 October 2015 in Suit No. ABJ/CMC/CR/21/2015 at the Chief Magistrate Court, Wuse Zone 2, Abuja. Despite the clear ruling, the State Security Service (SSS) refused to obey the order.
Again, in December 2015, Justice A.F.A. Ademola of the Federal High Court ordered Kanu’s unconditional release after dismissing the government’s request for further detention. That ruling also went unenforced.
“These persistent refusals to comply with subsisting court directives constitute a direct violation of Section 287(3) of the 1999 Constitution,” Obetta stated.
Section 287(3) requires all persons and authorities in Nigeria to obey the decisions of the Federal High Court, Court of Appeal, and Supreme Court. Obetta said the government’s pattern of disobedience sets a dangerous precedent where constitutional safeguards are ignored at will.
Obetta also drew attention to the circumstances under which Kanu was brought back to Nigeria in June 2021. He said the IPOB leader was abducted in Kenya and transported to Nigeria without any formal extradition process, an action he said violated international law.
“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,” he told reporters.
He added that in October 2022, the Court of Appeal in Abuja struck out the charges against Kanu on the grounds that his unlawful rendition stripped the trial court of jurisdiction. The court ordered his immediate release.
Although the Supreme Court reversed the Court of Appeal’s judgment in December 2023 and restored the terrorism charges, Obetta insists that the apex court did not deny the underlying violations of constitutional rights and international procedures.
“The conflicting positions of the Court of Appeal and Supreme Court show why executive intervention is necessary in the interest of justice, legal order, and national stability,” he said.
Obetta warned that the Federal Government’s refusal to comply with various judgments in Kanu’s favour has contributed to rising tension in the South-East, worsened public suspicion, and damaged Nigeria’s international credibility.
He argued that Kanu’s prolonged detention has become a major point of agitation in the region, adding that violence and unrest linked to IPOB activities could reduce if the government followed due process and respected court decisions.
“A government that disregards its own courts sends a troubling message that the law is optional,” he said.
Obetta referenced the famous Supreme Court judgment in Governor of Lagos State v. Ojukwu, where the apex court strongly condemned the use of executive power in violation of court orders. He said the current situation mirrors that troubling trend.
The former counsel urged President Tinubu to demonstrate statesmanship by directing immediate compliance with all binding court judgments involving Kanu. He said only the President has the constitutional and moral authority to restore confidence in the justice system.
His recommendations to the President include:
Ordering the release of Nnamdi Kanu in line with court rulings.
Directing the Attorney-General of the Federation to enter a nolle prosequi—a legal decision to discontinue the case—in the interest of public peace and national unity.
Supporting a peaceful, lawful solution that reduces tension and heals divisions across the country.
“A nolle prosequi remains the most viable legal option to heal the wounds caused by years of unresolved litigation and constitutional violations,” Obetta said.
Nnamdi Kanu’s legal troubles began in 2015 when he was first arrested for his role in the separatist movement IPOB, which calls for an independent Biafra state. IPOB was later proscribed as a terrorist organization by the Nigerian Government in 2017, a designation the group rejects.
Kanu was granted bail in April 2017 but fled the country after a military operation in Abia State. He resurfaced abroad and continued to operate IPOB until 2021, when he was seized in Kenya and brought back to Nigeria.
His detention has since sparked repeated “sit-at-home” orders, unrest, and violence in parts of the South-East, with several groups urging dialogue and political solutions rather than prolonged trials.
The United Nations Working Group on Arbitrary Detention had earlier called for Kanu’s release, stating that his detention violated international human rights norms.
As the country awaits the Federal High Court’s November 20 ruling, Obetta’s appeal adds a new dimension to the national conversation on the rule of law, the powers of the executive branch, and how Nigeria handles politically sensitive cases.
He concluded by urging President Tinubu to “restore obedience to the rule of law and promote national peace and unity,” calling the moment “a test of leadership and constitutional responsibility.”
