Abuja, Nigeria – Bruce Fein, international counsel for Nnamdi Kanu, has written to Justice James Omotosho, presiding over the trial of the Indigenous People of Biafra (IPOB) leader, demanding the dismissal of terrorism charges filed against him by the Nigerian government.

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 is violating both domestic and international law by continuing to detain and prosecute Kanu.

Fein warned Justice Omotosho that failing to dismiss the charges could make him legally complicit in alleged crimes committed by the Nigerian government.

The letter cited precedent from the United States Supreme Court and international law, emphasizing that no government should profit from its own wrongdoing. Fein wrote:

“No government should profit from its own criminality… In a government of laws, failure to observe the law scrupulously imperils the existence of government itself… To declare that the government may commit crimes to secure the conviction of a private citizen would bring terrible retribution.”

Fein highlighted findings from the United Nations Working Group on Arbitrary Detention and Nigerian courts, which determined that the federal government committed multiple violations, including kidnapping, torture, and extraordinary rendition, in bringing Kanu before the court. These, he said, are universal jus cogens crimes under international law and deprive Nigerian courts of jurisdiction.

He added that the Working Group’s July 20, 2022 opinion directed the “immediate unconditional release” of Kanu. Fein further warned:

“Following orders is no defense to universal crimes. If you refrain from dismissing all outstanding charges against Mr. Kanu for lack of jurisdiction, you will be legally implicated in the crimes perpetrated by the Government of Nigeria… and may be vulnerable to prosecution before the International Criminal Court.”

Reports indicate that Kanu refused to enter his defence, maintaining that the Nigerian government has no valid case against him. After the government closed its case, the court adjourned the trial to November 4, 2025.