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HURIWA Condemns Nnamdi Kanu’s Judgment, Says Court Denied Fair Hearing and Ignored Core Constitutional Issues*

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IPOB leader, Mazi Nnamdi Kanu

By George Mgbeleke

The Human Rights Writers Association of Nigeria (HURIWA) has condemned the judgment delivered on Thursday by Justice James Omotosho of the Federal High Court, Abuja, describing it as a travesty of justice and a violation of the constitutional guarantee of fair hearing. The group said the ruling failed to address critical legal and constitutional questions raised by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, particularly his objections that he was being tried under a repealed counter-terrorism law and that the court lacked the competence to proceed while related appeals were still pending before higher courts.

HURIWA said the judgment amounted to what it called judicial haste, judicial avoidance, and judicial injustice, insisting that the court should have suspended its decision until the Court of Appeal resolved the outstanding jurisdictional and procedural disputes. The association questioned why Justice Omotosho appeared determined to rush to judgment despite Kanu’s repeated insistence that fresh motions and notices had been filed at the appellate court challenging the legality of the trial, the non-existence of the charges, the refusal of the prosecution to respond to his applications, and the use of an already repealed law to frame the allegations against him.

According to court records referenced by the group, Kanu personally informed the judge that he had filed processes challenging the validity of the charges under the repealed Terrorism Prevention Act 2013, which was replaced by the Terrorism Prevention and Prohibition Act 2022. He maintained that the charge sheet failed to disclose any existing written law as required under Section 36(12) of the Constitution, a defect he said vitiated the entire trial. Despite these objections, HURIWA noted that Justice Omotosho insisted at various points that he would go on to deliver judgment regardless of the pending matters, a posture the rights group described as judicial aggression against due process.

HURIWA criticised the court for refusing to address what it called the most fundamental issue in the case: why the Federal Government was prosecuting Kanu under a law that no longer exists. The group said nothing in Nigerian jurisprudence allows a criminal trial to stand where the charge is incompetent or based on an inoperative statute, adding that longstanding judicial authorities require courts to first resolve any questions touching on jurisdiction, constitutionality, and the validity of charges before proceeding to judgment.

The association further accused the court of violating Section 36 of the Constitution, which guarantees fair hearing and adequate time and facilities for a defendant to prepare a defence. It said the ruling was inconsistent with established decisions such as Adeniyi v. State, which holds that jurisdictional objections must be resolved before trial; Deduwa v. Okorodudu, where the Supreme Court held that even a likelihood of unfairness vitiates proceedings; and Ogba v. State, which mandates courts to address all essential issues raised by an accused person before judgment is delivered.

HURIWA faulted the judge’s conclusion that Kanu deliberately refused to enter his defence, describing the claim as disingenuous and misleading. It explained that Kanu repeatedly stated he could not open his defence until the court determined the legality and competence of the charges, a stance the group said aligns with Nigerian criminal procedure principles. It argued that the exceptional circumstances of the case required judicial restraint, not speed, particularly given the unresolved appeals on extraordinary rendition, the legality of the charges, constitutional reference requests, and challenges to the validity of the charge sheet.

The rights organisation concluded that the judgment is fundamentally defective because the court failed to address the repealed-law issue, denied Kanu adequate opportunity to present his defence, proceeded despite pending appeals, and ignored established authorities on fair hearing and jurisdiction. It called on the National Judicial Council to review the conduct of the proceedings and urged the Court of Appeal to overturn what it described as a ruling that offends both the law and the conscience of the nation.

Law & Crime

Withdraw Your Shoot-on-Sight Order, It’s Unconstitutional-HURIWA tells IGP

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IGP Olatunji Disu

By George Mgbeleke

Prominent pro-democracy and civil rights advocacy group HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has asked the Inspector General of Police Mr. Tunji Disu to withdraw his illegal and unconstitutional shoot-on-sight-order whuch he reportedly gave to armed police operatives against non-state actors allegedly carrying ‘unlicensed’ weapons.

HURIWA recalled that the Inspector-General of Police, Olatunji Disu, had issued a sweeping shoot-on-sight directive to police officers nationwide, ordering them to neutralise anyone found in possession of illegal firearms as part of a renewed federal push to curb insecurity.

HURIWA


Disu announced the directive on Friday during a high-level stakeholders’ security meeting at the Government House in Makurdi, the Benue State capital.

He said the order was in direct response to President Bola Tinubu’s instruction that the wave of killings and armed attacks in Benue “must be brought to an end.”

“You cannot move around freely carrying arms as if there is no law and order in this country. It will not be tolerated,” Disu said.

He stated: “The era of passive policing is over. We must be proactive to protect lives and property.”

He said that officers have now been fully activated under Force Order 237, the police regulation governing the use of force, which allows them to respond decisively to imminent threats without waiting for approval from superiors.

HURIWA recalled that the Force Order 237 cited by the IGP as backing his shoot-on-sight-order stated that police personnel confronting armed suspects are empowered to use lethal force where there is reasonable belief of danger to officers or civilians.

“We have given them instructions. We have a Force Order 237. Police officers have been instructed that they don’t need to wait for any superior order. They know where to deploy their firearms,” Disu explained.

“We are tired of losing our men. We are tired of police officers, soldiers, and other members of the security agencies dying anyhow.
They have been instructed to shoot at sight. They have been trained to do what is necessary.”

Reacting to this sweeping order by the police chief of Nigeria, civil society organisation, the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said the IGP has no power under the law to order his operatives to SHOOT-ON-SIGHT citizens perceived to be carrying weapons because that would directly violate section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended which is supreme and superior to any lesser statute such as the Force order 237 which the Inspector General of Police grounded his shoot-on-sight-order upon.

HURIWA quoted section 33(1) which says thus: “Every person has a right to life, and no one SHALL BE DEPRIVED INTENTIONALLY OF HIS LIFE, save in execution of the sentence of a court of competent jurisdiction in respect of a criminal offence of which he has been found guilty in Nigeria.”

The Rights group asserted that the reckless issuance of a shoot-on-sight-order by the police head of Nigeria would result in extrajudicial killings of Nigerians given the fact that a greater percentage of operatives of the Nigeria Police Force that bear arms have been accused of lacking professionalism and are grossly indisciplined and therefore can misinterprete the publicised illegal shoot-on-sight-order to shoot on sight anyone bearing weapons even before ascertaining whether the bearer has licence or not. The Rightsvgroup said under the law the penalty for possession of unlicensed weapons is not instantaneous execution by shoot-on-sight-order by the Nigeria Police Force acting on a certain shoot-on-sight-order made by the IGP.

The IGP does not have the constitutional competence to act as a judge, a prosecutor and executioner in the cases of persons accused of carrying unlicensed weapons moreover, does the inspector General of Police needs to publicise the fact that police operatives are allowed to use their weapons in the lawful execution of their counterterrorism duties? How does the IGP want the operatives of the police to simply shoot on sight whenever they see someone bearing weapons even if such persons belongs to vigilante or community security already allowed by laws passed by the state houses of Assembly to provide armed security to their communities? This shoot-on-sight-order by the IGP is reckless, unlawful and unconstitutional and must be withdrawn forthwith.

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Law & Crime

Insecurity ‘ll Soon Be A Thing Of The Past In Nigeria – Akpabio

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President of the Senate, Godswill Akpabio

By George Mgbeleke

President of the Senate, Godswill Akpabio has assured Nigerians that the President Bola Ahmed Tinubu – led administration will do all within its powers to ensure that the problems of insecurity currently confronting the country became a thing of the past.

Akpabio gave the assurance on Wednesday, while receiving in courtesy, members of the Ladies Golf Association of Nigeria led by its National President, Dr Lima Ahmed at the National Assembly.

A statement by the Special Assistant on Media to the President of the Senate, Jackson Udom, quoted Akpabio as saying,
” On behalf of the Nigerian Senate, I welcome you to the National Assembly. I am equally very happy to receive you in my office. As Nigerians we are all aware of the insecurity challenges we are currently facing and all I can say is that President Bola Ahmed is giving the situation its utmost attention and that is what led to the recent release of the school children that were abducted in Oyo State.

” The current administration is doing a whole lot and I can assure you that very soon, the issue of security would be a thing of past. Don’t rely on what you hear or see in the social media, they are not true reflection of what is happening in our country”

Speaking further, Akpabio traced the refusal of women in supporting themselves during elections for political offices, to the toxic behaviour of those who had in the past been given the opportunities for such positions, only to misuse it to the future detriment of other women.

Akpabio assured the golfers of his support and that of the Senate for their forth coming international Ladies tournament to be hosted at the IBB International Golf Course in Abuja.

Earlier in her speech, Dr Lima Ahmed thanked the Senate President for accepting to receive her and her team. She formally invited the Senate President to the planned tournament and subsequently decorated him as their grand Patron of the group.

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Law & Crime

Minna Court adjourns Auna’s suit against Prof Yakubu Mohammed of APC to Sept 16 to 17 for commencement of hearing on conduct of primary election

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By Uthman Baba-Naseer,Minna

The Minna Federal High Court Division,has adjourned the suit filed by Shehu Samaila Auna,against Prof. Yakubu Mohammed Auna,over the conduct of primary election of the All Progressive Congress (APC) to 16th, to 17th, of September 2026 for the commencement of hearing.

This followed the preliminary objection filed by the counsel to the first defendant Philip Adah Esq alleging that the action of the plaintiff to file the case is status bar praying the court to dismiss the suit.

The counsel urged the dismiss the case on the ground that the plaintiff filed the case out of time as stipulated by the relevant provision of the electoral act 2025.

Shehu Samaila Auna,has approached the court to through his counsel, Danjuma Abubakar Sadeeq challenging the conduct of the APC primary election of Prof. Yakubu Auna,into the Rijau Magama Federal Constituency at the May, 16th, primary election.

The plaintiff in a suite number FHC/MN/CS/542026/ is challenging the purported Primary election claiming that election was not conducted in Rijau and Magama Federal Constituency as claimed by the first defendant and the second defendant respectively.

The plaintiff is praying the court to nulify the purported Primary election on the ground that election was not conducted as claimed praying further that another primary election should be conducted in Rijau and Magama Federal constituency.

At the resumed hearing, the counsel to the second defendant filed a preliminary objection urging the court to dismiss the suit arguing that the suit lacked merit as the plaintiff failed to file the case on time as stipulated by law.

The counsel to the plaintiff,Danjuma Abubakar Sadeeq,in his submission,told the court that the preliminary objection was served to him at about 4:15 pm on Tuesday,21st of July,2026 and he needed time to reply to the preliminary objection.

“ My Lord,I was served, I was served with the preliminary objection by 4:15pm yesterday,the 21st of July,2026. And I needed time to reply to his preliminary objection (PO). On this ground, I prayed the court adjourned for me to respond to his (PO) as raised” he told the court.

While granting the prayer, Justice Mohammed Abdullahi Dan-Ige then adjourned the case to 16th and 17th of September 2026 for commencement of hearing.

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