In an advocacy brief dated October 12, 2025, and signed by Idawarifa C. Ebirien, Co-Chair of the consortium, the team described the period between October 13 and 21, 2022, as a “jurisdictional vacuum” that legally terminated Kanu’s trial before a stay of execution was issued.
The consortium argued that once the Court of Appeal acquitted Kanu on October 13, 2022, the prosecution ceased to exist under law, as there was no valid proceeding or court order sustaining his detention by the Department of State Services (DSS).
According to the statement, the stay of execution issued on October 21, 2022, by a panel led by Justice Haruna Tsammani was “jurisprudentially void” since it attempted to suspend a criminal acquittal, which, by law, takes immediate effect.
“The eight-day gap killed the prosecution in law,” the consortium stated, adding that the subsequent stay order “resurrected a legal corpse.”
The group also faulted the Supreme Court’s later ruling that ordered a retrial, saying the court lacked the power to revive a case built on repealed laws. It described the ongoing proceedings as a “zombie trial” and urged the United Nations, African Union, and International Criminal Court (ICC) to intervene.
The consortium insisted that Kanu’s continued detention was illegal and called for his immediate release, accusing Nigerian authorities of “weaponizing the courts” against a peaceful advocate of self-determination.
