How Mazi Nnamdi Kanu’s self-representation flawed his conviction
By ALOY EJIMAKOR
Following the debriefing of his legal team led by Chief Kanu Agabi, SAN, Mazi Nnamdi Kanu firmly announced his intention to personally handle his own defense. The trial court accepted this waiver of counsel, asked if he wanted an assigned lawyer, noted his rejection, and then proceeded.
Now that the case lies on appeal, the deeper, central question the Court of Appeal must confront is this: Can a defendant facing charges that carry the death penalty legally waive his right to counsel under Nigerian law?
The short answer is no. In allowing Nnamdi Kanu to represent himself in a trial involving capital offenses, the learned trial judge unarguably committed a fatal fundamental error in law. Under the Nigerian criminal justice system, the right to legal representation in capital offenses is not a luxury the defendant can decline; it is a rigid and mandatory constitutional safeguard that the court has an absolute duty to enforce, even against the explicit wishes of the defendant.
At first glance, there exists an illusion of permissible self-representation that lies in Section 36(6)(c) of the Constitution which appears to sanction self-representation by stating that every person charged with a criminal offense is entitled to defend himself "in person or by legal practitioners of his own choice."
That may be so in misdemeanors or less severe felonies, where the choice to speak for oneself is a permitted prerogative. However, the Constitution does not operate in a vacuum. It is anchored on the ultimate pillar of fair hearing, and contemporary Nigerian criminal jurisprudence has long recognized that the gravity of capital offenses (where human life hangs in the balance) strips away the court's discretion to permit self-representation.
The statutory directive is enacted under the Administration of Criminal Justice Act which explicitly curtails the right to self-representation when the stakes are grave. Section 267(2) of the ACJA leaves no wiggle room for ambiguity when it provides that: "Where a defendant is charged with a capital offence or an offence punishable with life imprisonment and he is not represented by a legal practitioner, the court shall appoint a legal practitioner for his defence."
The operative word utilized in the above provisions is "shall". In statutory interpretation, it is an established canon that "shall" denotes a command; it imposes a mandatory duty, leaving zero room for judicial discretion or a defendant's personal whims.
Thus, when Kanu’s legal team stepped aside, Justice Omotosho’s question should not have been, "Do you want me to assign a lawyer to you?" Instead, the Judge should have immediately made an unyielding decision to appoint a lawyer for him. Why? Because Kanu’s refusal of counsel is invalid as a matter of law, pure and simple.
The Supreme Court has repeatedly held that the presence of counsel in capital trials is a condition precedent to the validity of the trial. In Josiah v. State (1985), the apex court held that in capital offenses, a defendant must be represented by counsel at all stages of the trial. This was reaffirmed forcefully in Ganiyu v. State (2013), where the Supreme Court made it abundantly clear that a trial conducted for a capital offense without legal representation is a nullity, as its absence completely robs the trial court of its jurisdiction.
Granted that Justice Omotosho may have felt justified in forging ahead, given Kanu’s articulate disposition. Yet, as a matter of law, lay competence is not a substitute for counsel. A capital trial involves intricate rules of evidence, procedure, and navigation of highly complex constitutional and statutory frameworks unique to capital offenses trial.
So, by permitting Kanu to navigate this labyrinth alone, the court allowed a fundamental constitutional infraction that may very well void the entire outcome of the trial.
#AloyEjimakor.
The fell consequences of ejecting Mazi Nnamdi Kanu from the courtroom
By ALOY EJIMAKOR
In the theater of criminal jurisprudence, there exists a thin, unyielding line between the preservation of courtroom decorum and the outright annihilation of a defendant’s fundamental right to a fair trial. When a trial involves capital offenses, that line becomes an absolute iron wall.
When Justice Omotosho, on 20th November 2025, ejected Kanu from the courtroom, he may have believed he was stamping his authority on a volatile proceeding. However, by continuing the proceedings in Kanu’s forced absence, especially while the defendant had openly expressed his lack of confidence in the court and while no counsel was present to bridge the gap, the learned trial judge committed an egregious constitutional error.
The bedrock of Nigerian criminal justice is Section 36(6)(c) of the Constitution, which mandates that every person charged with a criminal offense is entitled to defend himself in person or by legal practitioners of his own choice. While statutory provisions like the Administration of Criminal Justice Act provide narrow windows for a trial to proceed when a defendant purposefully absconds, the rules radically shift when a defendant is forcibly excluded by the court itself.
The fatal error here lies in continuing a high-stakes terrorism and capital-offenses trial with an empty dock and an empty defense bench. The Supreme Court of Nigeria held in Adeoye v. State (1999) that: "It is a fundamental principle of our criminal jurisprudence that a trial for a capital offense or serious felony must be conducted in the presence of the accused person."
Keep in mind that Mazi Nnamdi Kanu was not just absent; he was sent out. And to compound the gravity of the ejection, Kanu had no legal counsel present to defend his interests during this forced ejection. Under Nigerian law, a trial judge cannot comfortably lock a defendant out of the room and simultaneously look past the total absence of a defense team to stand in for the defendant.
In Galadima v. State (2012), the apex court emphasized that: "Where an accused person is unrepresented by counsel in a serious criminal trial, especially one touching on capital punishment or severe felony, any proceeding conducted in his absence and without the aid of legal representation is a nullity."
By forging ahead without Kanu and without a counsel for him, the court effectively turned an adversarial criminal trial into an ex-parte proceeding. What makes Justice Omotosho’s insistence on proceeding even more untenable is the explicit lack of confidence in him by Kanu prior to the ejection.
When a defendant forcefully raises a reasonable apprehension of bias, the judge’s primary duty is not to push forward to prove his stoicism; it is to take a pause. The Supreme Court in Deduwa v. Okorodudu (1976), held that: "A judge must be indifferent to the parties and should completely insulate himself from the heat of the battle."
Instead of resorting to an adjournment to allow tempers to cool, the judge over-reacted by expelling the very man crying foul, and then continuing with the proceedings. To the reasonable observer, the optics are damning: a judge clearing the room of a so-called unruly defendant, then quietly wrapping up the case in the dark.
Courtroom misconduct, perceived or real, by a defendant can be frustrating, and judges are human beings prone to exasperation. But the law provides tools to manage such situations, none of which includes conducting a capital trial while the defendant is locked in a holding cell and his defense table is completely bare.
Thus, Justice Omotosho’s decision to continue the proceedings under these precise conditions was perverse and represents a total collapse of due process that will surely shock the conscience of the appellate court.
How Mazi Nnamdi Kanu was frustrated from mounting his defense
By ALOY EJIMAKOR
The trial of Mazi Nnamdi Kanu commenced before Justice Omotosho in March 2025. As in all criminal trials, it is the prosecution that must first present its case before the defense can present its own. This is how it proceeded until June 2025 when the prosecution concluded its case after calling five witnesses.
Following the dismissal of Kanu’s subsequent no-case submission, the court proceeded to establish a strict 6-day window for the defense to present its case. So soon thereafter, Mazi Nnamdi Kanu debriefed his lawyers and indicated a desire to represent himself.
So, when he sought a 90-day timeframe to prepare his defense, including calling 25 witnesses, the court refused it but later reconsidered by giving him a few extra days. In the backdrop of this strict timeframe, Mazi Nnamdi Kanu was effectively frustrated from mounting any meaningful defense.
In the interim, Mazi Nnamdi Kanu had filed a written objection to the jurisdiction of the court to subject him to trial, raising several constitutional and statutory grounds. But instead of ruling on this objection, the court arbitrarily foreclosed him from presenting his defense, simply because he was insisting that his objections to the jurisdiction of the court be resolved first. And there is more.
First, the bedrock of a valid criminal trial in Nigeria is enshrined in Section 36(6)(b) of the Constitution, which mandates that every person charged with a criminal offense is entitled to be given adequate time and facilities for the preparation of his defense. This provision was breached when the prosecution was permitted several months (March to June) to call five witnesses but Mazi Nnamdi Kanu was rigidly restricted to a six-day window to call 25 witnesses (plus the more in the offing). This severe disparity violates the principle of "equality of arms," an essential component of a fair trial.
Second, the shocking failure of Justice Omotosho to safeguard the rights of an unrepresented defendant will forever live in judicial infamy. It is a given that the moment a defendant debriefs his legal team and expresses an intention to defend himself, the trial court owes an elevated and sacred duty of guidance to ensure the lay litigant is not blindsided by technical rules. Thus, forcing an unrepresented defendant, facing capital charges, to compress the testimonies of 25 witnesses into a handful of days is a constructive denial of the right to be heard.
Third, Justice Omotosho’s arbitrary foreclosure of Mazi Nnamdi Kanu from defending himself is an impermissible assault on the primacy of jurisdictional objections. It is settled law across decades of Nigerian jurisprudence that jurisdiction is the lifeblood of adjudication.
So, where a trial court grants the state a wide window to build its case, but traps a self-represented defendant in a chronological straightjacket, refuses to resolve threshold jurisdictional objections and abruptly forecloses the defense, the trial (and any conviction emanating therefrom) becomes a perversive non-event that will ultimately fail appellate muster.
SPECIAL UPDATE:
In the past few days, I have been inundated with inquiries from legions of wellwishers (in Nigeria & abroad) as to whether the appellate Brief for MAZI NNAMDI KANU has been filed.
I relayed these genuine concerns to #MNK & he instructed me to now publicly disclose that:
YES. The Brief has been filed, but it’s not the version that was circulated on social media some days ago.
What now remains is for the Government to join issues by filing it’s own reply Brief, and so soon thereafter, the Court of Appeal will set a date for the hearing of the appeal or adoption of the respective Briefs in open court.
Once this is done, the Court will be minded to render its judgment within 90 days, as required by law.
Thank you.
ALOY EJIMAKOR.
#AloyEjimakor.
Yes, Ndigbo – this is real, and it matters. And it is what the Caliphate fears most.
After more than 50 years, respected voices from Nigeria’s Middle Belt have publicly apologised to the Igbo nation for the region’s role in the 1967–1970 Biafran War.
In May 2021, a group of Middle Belt intellectuals, led by the late Dr. Obadiah Mailafia, released a powerful declaration:
“Ndigbo, we are on our knees, begging you to forgive us for the sins we have committed against you, against God and against Humanity. Please, forgive us our monumental follies of yesteryears… We foolishly served as the foot soldiers of the Caliphate… You are our Umunna across the Great River. We swear we shall never stand against you again.”
They openly admitted nearly a million Middle Belt lives were also lost, and that they had been deceived into fighting their Igbo brothers and sisters.Earlier, in 2020, the Middle Belt Youth Council issued a formal apology for the same reason.
In October 2024, another Middle Belt Youth Group released a video plea, repeating that they “were deceived” and asking for forgiveness.
These are not government statements – they come from ordinary leaders, scholars and youths who now reject the old lies that turned neighbors into enemies.
The war took some 3 million lives, mostly Igbo children. The pain is still fresh for many. The scars deep.
This is not everything, and some say it is not enough. But it is a genuine, public act of remorse from the very people who fought on the other side.
Many Igbo have never heard these words.
Now you have.
Healing can only begin when truth is spoken and heard.
#EarthShaker
You’re Next: Every Nigerian Who Does Not Bow Will Soon Be A Biafran
The Biafran War should live as an indelible lesson to every people in the contraption called Nigeria. It is the clearest record we have of exactly what the Caliphate and the international community think of you, written in blood. Actions speak louder than words, and that horrific, intentional, sustained, genocidal action must never be erased or ignored.
The Biafrans (mainly Igbo) were the first in modern times to feel it most deeply. (The indigenous Hausa felt it 220 years before — decimated, enslaved, and ground into submission by Usman dan Fodio's jihad in 1804.)
But make no mistake. The war against Biafra was not waged because of their tribe. It was waged because of the oil under their feet. It was waged because they refused to submit to the Fulani jihadis and hand over their resources and freedom to them.
Wherever a human being — or a whole tribe of them — stands in the way of what these bloodthirsty men want, they will wipe you out to take it. That is their formula. That is their religion. There is nothing else to it.
The Middle Belt is feeling it now. The rest will feel it before long if you don’t wake up.
Bokkos today is Biafra in miniature. There are valuable minerals under those villages. The Caliphate and its foreign extractive partners want the minerals. So they kill, rape, enslave, destroy and displace to clear way for the bulldozers. Then they take what they came for. Allahu Akbar.
They want more than the minerals. They want full control of Nigeria — its land, its people, its resources, its institutions, its economy, its future. Islam literally means submission. If you are not a Fulani jihadi, you are in their way – an enemy, subhuman, expendable. There are no exceptions.
Every Nigerian who does not submit to them will eventually be a Biafran.
Like the Biafrans, you will be marginalized, attacked, and killed.
Pray that when the time comes, you have the strength they demonstrated to stand and fight. Pray that, by then, the other tribes finally figure out what’s really happening and come to help you.
It is time to honor Biafrans. It is time to apologize to them. It is time to recognize that their crime was not ethnicity. Their crime was refusing to bow to the Caliphate, and the sentence was death. It always is.
Their indescribable resilience through such unimaginable horror should be honored. It should be a model for all who crave basic human rights in the face of aggressive evil.
Wake up. Stand together now, or end up like 3 million of them did in the late 1960s – cut off, killed and forgotten.
#EarthShaker