“Show Me the Law.” — The Powerful Words MNK Told Justice Omotosho That Shocked the Courtroom — Female Nigerian Lawyer
Mazi Nnamdi Kanu (MNK) left the courtroom in silence after challenging the very foundation of the charges against him. Addressing Justice James Omotosho, he said:
“My Lord, I have checked my file and the laws cited. I cannot find any extant written law defining the offences for which I’m charged. Section 36(12) of the Constitution requires that every criminal charge must be based on a living written law. I invite the prosecution to show the specific law they rely on. If they cannot, I will not enter any defence.”
The charges aga!nst MNK are rooted in the Terr0rism (Prevention) Act 2011, amended in 2013.
But here is the legal bombshell:
That law no longer ex!sts. It was repealed and replaced by the Terrorism (Prevention and Prohibition) Act, 2022.
Why This Matters
Section 36(12) of the Nigerian Constitution is clear:
> “A person shall not be convicted of a cr!m!nal offence unless that offence is defined and the penalty prescribed in a written law.”
Meaning:
If the law that created the offence is d@ead, the charge d!es with it.
No law = No cr!me.
No crime = No tr!al.
The Interpretation Act (Section 6) says repealing a law does not automatically st0p ongoing cases—unless the new law specifically says otherwise.
The Big Question Now:
Does the 2022 Act preserve (save) old prosecutions under the repealed law?If it doesn’t, then the entire trial is sitting on shaky and possibly illegal ground.
This is the rule of law.
This is the constitutional truth.
No valid law, no valid prosecuti
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