In a scathing public statement, Ifeanyi Ejiofor, lead counsel to detained Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu, has accused the Supreme Court of Nigeria of violating the constitution and tacitly aiding the Nigerian government in what he describes as the "continued illegal detention and persecution" of his client.
Ejiofor made these claims during a press briefing held in Abuja on Thursday, following the Supreme Court's recent silence on pending legal actions relating to the enforcement of Kanu’s fundamental rights and compliance with earlier judicial rulings ordering his release.
Describing the current legal situation as “a tragic breakdown of constitutional order,” Ejiofor stated that the Supreme Court has failed in its duty as the guardian of the constitution, by refusing to uphold binding decisions previously delivered by the Court of Appeal, which had discharged and acquitted Kanu on the grounds that his extraordinary rendition from Kenya in June 2021 was unlawful.
“We are alarmed that the highest court in the land has continued to abdicate its constitutional responsibility by allowing the Executive arm of government to defy court orders with impunity. The implication is not just a threat to Nnamdi Kanu’s liberty but an assault on the foundation of constitutional democracy,” Ejiofor said.
Kanu’s legal team further alleged that the Supreme Court’s “uncharacteristic delay” and refusal to deliver judgment on enforcement motions filed months ago suggest an ongoing collusion with the Federal Government.
“The court’s silence emboldens the Executive's lawlessness. When justice is delayed in cases of such national importance, it fosters a perception that the judiciary is complicit or has succumbed to political pressure,” Ejiofor added.
According to him, since the Court of Appeal’s judgment in October 2022 that nullified Kanu’s continued detention, the Nigerian Government has neither re-arraigned him on any valid charges nor respected the order for his unconditional release. Yet, the Supreme Court’s failure to enforce or revisit this ruling, he argued, amounts to a grave violation of Kanu’s rights under Sections 35 and 36 of the Nigerian Constitution and Article 6 of the African Charter on Human and Peoples' Rights.
The legal team further warned that the Supreme Court's actions—or inactions—are not only of national concern but are being closely monitored by the international community. Ejiofor disclosed that international human rights bodies including the United Nations Working Group on Arbitrary Detention, the African Commission on Human and Peoples' Rights, and the ECOWAS Court have been notified of “persistent judicial sabotage in Nigeria.”
“This is now more than a Nigerian problem. The international community must hold Nigeria accountable for its treaty obligations,” Ejiofor declared, referencing the UN’s earlier opinion that found Kanu’s arrest and detention to be illegal under international law.
Reiterating the call for Kanu’s immediate release, Ejiofor urged President Bola Tinubu’s administration to demonstrate commitment to the rule of law by distancing itself from what he described as "the judicial-political persecution inherited from the Buhari regime."
He also urged the Supreme Court justices to "rise above political interference" and defend the independence of the judiciary by upholding the rule of law.
In a swift response, IPOB spokesperson Emma Powerful issued a separate statement accusing the Supreme Court of staging “a judicial coup against Biafra’s self-determination struggle.”
“The world must know that Nnamdi Kanu’s continued detention is not about terrorism or treason—it is about suppressing the voice of an oppressed people. The judiciary has now become a willing tool in this war,” IPOB stated.
Nnamdi Kanu, who leads the secessionist IPOB movement advocating for the independence of Biafra from Nigeria, was forcibly returned from Kenya to Nigeria in 2021 under controversial circumstances. Since then, he has remained in detention at the Department of State Services (DSS) facility in Abuja, facing charges including treasonable felony.
In October 2022, the Court of Appeal discharged and acquitted him of all charges and ruled that his rendition was illegal. The Federal Government, however, appealed the decision and has refused to release him, citing national security concerns.
Despite local and international outcry, several court orders—including those from Nigerian lower courts—calling for Kanu’s release have been ignored, leading to increased tensions in the South-East region and sporadic civil unrest.
Legal experts and human rights observers say the case has now become a litmus test for the independence of Nigeria’s judiciary under the Tinubu administration. The delay in enforcing previous judgments or ruling on pending motions risks further eroding public confidence in the judicial system, especially amid Nigeria’s worsening security and political polarization.