The Indigenous Folks of Biafra, IPOB, has stated that no courtroom within the widespread legislation world can try a case that’s rooted on repealed legal guidelines because it violates the precept of double jeopardy.
The Media and Publicity Secretary of the group, Emma Highly effective said this in a press release on Tuesday whereas calling on Justice Kolawole Omotosho of the Abuja Federal Excessive Court to strike out the continued cost most well-liked towards Nnamdi Kanu.
He stated the charges towards the IPOB chief amounted to a resurrection of the Terrorism Prevention Modification Act 2013, which was repealed in full on Could 22, 2022, by the Terrorism Prevention and Prohibition Act (TPPA) 2022 (Part 97).
The assertion additionally listed sections of the Administration of Felony Justice Act, ACJA, that supported the Court of Enchantment’s acquittal of Nnamdi Kanu.
“On 13 October 2022, the Court of Enchantment discharged and acquitted Mazi Kanu – a verdict that underneath: Part 249(1), ACJA 2015 operates as acquittal;
“Part 36(9), 1999 Structure bars retrial;
“FRN v. Saraki (2018) 16 NWLR (Pt. 1646) 433: Jurisdictional discharge = ultimate acquittal.
“The Supreme Court’s reversal with out curing this defect is constitutional arson,” the assertion stated.
“The charges ‘remitted’ for trial have been introduced underneath the Terrorism Prevention Modification Act 2013 – repealed in full on 12 Could 2022 by the Terrorism Prevention and Prohibition Act (TPPA) 2022 (Part 97).
“A.G. Federation v. A.G. Abia State (2002) 6 NWLR (Pt. 764) 542: ‘Courts can’t breathe life into repealed statutes.’
“Interpretation Act 2004, Part 6(3): Repeal kills pending proceedings until saved – no saving clause applies,” IPOB added.
