Kanu’s US Lawyer Demands Dismissal of Charges Over Lack of Jurisdiction
Bruce Fein, the United States counsel for Indigenous People of Biafra (IPOB) leader Mazi Nnamdi Kanu, has written to Justice James Omotosho of the Federal High Court in Abuja, demanding the dismissal of all charges against Kanu, citing a lack of jurisdiction.
In a letter dated October 28, 2025, titled “Dismissal of prosecution of Mazi Nnamdi Kanu for lack of jurisdiction,” Fein argued that the Nigerian government should not profit from what he described as its own “criminality” in Kanu’s rendition to Nigeria.
“No government should profit from its own criminality. That has been binding law from time immemorial,” Fein wrote, stressing that justice forms the foundation of government and civil society.
Fein referenced a 1928 opinion by U.S. Supreme Court Justice Louis D. Brandeis in Olmstead v. United States, warning that governments undermine the rule of law when they break it.
He quoted Brandeis, “In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously… Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law… To declare that the Government may commit crimes in order to secure the conviction of a private criminal would bring terrible retribution.”
The lawyer claimed that both the United Nations Working Group on Arbitrary Detention and Nigerian courts have acknowledged that the Federal Government committed “multiple crimes” in bringing Kanu into Nigerian custody, including kidnapping, torture, and extraordinary rendition. Fein described these acts as jus cogens crimes under international law, making Nigerian courts legally incapable of prosecuting him.
Fein cited paragraph 107 of the UN Working Group’s July 20, 2022 opinion, which directed the Nigerian government to grant Kanu “immediate unconditional release.” He warned that failing to dismiss the charges would implicate Justice Omotosho in the alleged crimes, leaving him “vulnerable to prosecution before the International Criminal Court.”
The Nigerian government maintains that Kanu faces terrorism-related charges, but his lawyers insist that his abduction and forced return from Kenya make the prosecution illegal. Kanu has consistently refused to enter his defence, arguing that the court lacks jurisdiction due to his extraordinary rendition in June 2021.
Special Nigerian counsel Barrister Aloy Ejimakor has argued that the government’s repeated disobedience of court orders, including those granting Kanu bail and directing his release, further undermines the court’s authority.
Earlier, Justice Binta Nyako had ruled that Kanu must stand trial despite his objections, prompting appeals and renewed jurisdictional challenges. The case was later transferred to Justice Omotosho for further proceedings.
Kanu has remained in the custody of the Department of State Services (DSS) in Abuja since June 2021, after being renditioned from Kenya, an action a Kenyan court ruled against.
His detention and the handling of his trial have drawn criticism from human rights organisations and international observers.
Fein, a former U.S. Associate Deputy Attorney General, continues to represent Kanu internationally and has repeatedly called for sanctions against Nigerian officials over alleged violations of international law.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
