Nigerian legal practitioner Christopher Chidera, Esq., has challenged the reported 20-year prison sentence imposed on Paul Okechukwu for alleged membership of the Indigenous People of Biafra (IPOB), raising constitutional questions about the organisation’s proscription, the burden of proving individual criminal responsibility and the application of repealed legislation.
In a public legal statement, Chidera argued that the sentence raises concerns about whether an executive proscription order can serve as sufficient grounds for an individual criminal conviction without proof of the specific offence under a valid written law.
The lawyer also questioned the relationship between an earlier ruling by Justice Binta Nyako concerning IPOB’s legal status and the subsequent proscription proceedings that resulted in the organisation being designated as unlawful.
His statement further challenged the reported reliance on the Terrorism (Prevention) (Amendment) Act 2013 in proceedings involving Okechukwu, arguing that the legislation had been repealed by the Terrorism (Prevention and Prohibition) Act 2022.
Chidera’s arguments centre on constitutional protections, statutory interpretation and the distinction between membership of a proscribed organisation and proof of an individual criminal offence.
Lawyer Questions Relationship Between Nyako’s Ruling and IPOB’s Proscription
Chidera referred to a ruling delivered by Justice Binta Nyako on March 2, 2017, which he said struck out six counts against IPOB leader Nnamdi Kanu and found that IPOB was not an unlawful society in the context of the proceedings before the court.
The lawyer contrasted that decision with the subsequent proscription proceedings before Justice Abdul Abdu-Kafarati, arguing that the later ex parte order raised questions about procedural fairness and the effect of the earlier judicial determination.
According to Chidera, an order obtained without hearing the affected organisation should not automatically be interpreted as overriding an earlier decision reached in adversarial proceedings.
He maintained that the relationship between the two proceedings must be examined to determine their respective legal effects.
However, establishing whether the earlier ruling conflicts with the subsequent proscription order requires examination of the complete judgments, the precise orders made and the applicable law. An ex parte order is not automatically invalid merely because it was granted without hearing the opposing party.
Chidera Challenges the Legal Effect of the Ex Parte Order
The legal practitioner also questioned whether the proscription order could lawfully provide the basis for imposing a lengthy prison sentence on an individual accused of belonging to IPOB.
He cited Order 26, Rule 12 of the Federal High Court Rules, arguing that the provision imposes a time limit on certain ex parte orders and that the legal effect of the order should be assessed against the relevant procedural requirements.
Chidera further invoked Section 36 of the 1999 Constitution, which protects the right to a fair hearing.
His argument is that the proscription of an organisation and the criminal liability of an individual are separate legal questions.
According to the lawyer, the prosecution must establish the elements of the specific offence charged rather than rely solely on the administrative or legal designation of an organisation.
The applicable rules governing the duration and continuation of the particular proscription order, however, must be verified against the original court documents and the relevant provisions in force.
Lawyer Raises Questions About Kanu’s Appeal and Proscription Proceedings
Chidera also referred to a 22-ground appellant’s brief filed in proceedings involving Nnamdi Kanu, arguing that the legal challenges to IPOB’s proscription raise questions relevant to subsequent prosecutions.
He questioned whether the proscription order satisfied the statutory requirements governing the authority to designate an organisation as unlawful.
The lawyer cited the decision in MultiChoice Nigeria Ltd v. FCCPC, attributed to Justice James Omotosho, as an example of the importance of complying with statutory requirements when exercising powers conferred by law.
Chidera argued that statutory authority must be exercised by the appropriate body and in accordance with the conditions prescribed by legislation.
He further expressed concern about criminal proceedings continuing while the legality of the proscription order was reportedly under consideration by a higher court.
Whether the pending proceedings affect the validity of a particular conviction depends on the issues before the appellate court, the relevant orders and the applicable legal principles.
Lawyer Alleges Reliance on Repealed Terrorism Legislation
Another major issue raised in the statement concerns the reported use of the Terrorism (Prevention) (Amendment) Act 2013 in the proceedings against Okechukwu.
Chidera alleged that Justice James Omotosho’s judgment against Kanu, which he identified as having been delivered on November 20, 2025, relied on the 2013 legislation despite its repeal and replacement by the 2022 Act.
He argued that the reported sentence imposed on Okechukwu under Section 16 of the earlier legislation raises a similar constitutional question.
The lawyer relied on Section 36(12) of the 1999 Constitution, which provides that a person cannot be convicted of a criminal offence unless the offence is defined and the penalty prescribed in a written law.
According to Chidera, statutory savings provisions intended to preserve pending proceedings or accrued liabilities should not automatically be interpreted as authorising a court to impose punishment under repealed legislation.
He maintained that the court must establish the applicable legal basis for both the offence and the sentence.
The legal effect of the repeal, however, depends on the wording of the relevant savings and transitional provisions, the dates of the alleged offences and the precise statutory basis stated in the judgment. The lawyer’s argument should therefore be distinguished from a definitive judicial finding that the conviction is invalid.
Chidera Argues That Membership Alone Must Be Examined Against the Charged Offence
The statement also questions the evidential basis of the prosecution against Okechukwu.
Chidera alleged that the prosecution dropped an allegation involving a violent attack and proceeded on a membership-related charge.
He argued that the distinction between alleged membership of a proscribed organisation and participation in a specific criminal act is important when determining individual criminal responsibility.
According to the lawyer, the prosecution must establish the elements of the offence charged and cannot treat an organisation’s proscription as automatic proof of every member’s criminal guilt.
He described a lengthy prison sentence imposed without sufficient proof of the relevant offence as a serious threat to constitutional protections.
Whether the evidence was sufficient to sustain Okechukwu’s conviction, and whether violence was a required element of the offence charged, must be determined by reference to the charge, the applicable statute, the trial record and the court’s findings.
Lawyer Warns Against Coerced Guilty Pleas
Chidera also addressed people detained in connection with IPOB, urging them not to plead guilty to offences they did not commit because of alleged intimidation, prolonged detention or pressure.
He raised concerns about reports of psychological coercion, isolation and inadequate access to legal representation in detention facilities.
The lawyer advised detainees to seek independent legal counsel and ensure that any plea or admission is made voluntarily and with a proper understanding of its legal consequences.
He argued that a guilty plea obtained through unlawful coercion would raise serious questions about the fairness of the proceedings.
His statement also called for prosecutors to prove their cases in accordance with the Constitution and applicable criminal law.
The allegations concerning detention conditions were not independently verified for this report.
Five Questions Chidera Says the Courts Must Address
In his statement, Chidera identified five central questions concerning the legal proceedings:
- How should the courts reconcile Justice Nyako’s earlier ruling with the subsequent proscription order against IPOB?
- What legal effect does the applicable procedural rule have on the duration and validity of the ex parte order?
- Can the reported conviction and sentence under the 2013 terrorism legislation be sustained in light of its repeal and the relevant savings provisions?
- What specific statutory offence was established against Okechukwu, and what evidence supported the conviction?
- Did the prosecution establish the elements of the charged offence to the standard required by law?
The questions reflect Chidera’s position that the proceedings require close scrutiny under constitutional and statutory law.
Lawyer Calls for Constitutional Compliance
Concluding his statement, Chidera argued that the Constitution must remain the governing standard for criminal prosecutions, including cases involving organisations designated as unlawful.
He maintained that proscription, individual criminal responsibility, statutory repeal and the right to a fair hearing should be examined as distinct but potentially interconnected legal issues.
The lawyer called for the courts to ensure that convictions and sentences rest on a valid statutory foundation and that defendants receive the procedural protections guaranteed by law.
His statement presents a legal challenge to the reported sentence imposed on Okechukwu and raises broader questions about the prosecution of individuals accused of belonging to proscribed organisations.
The validity of the sentence and the legal arguments advanced by Chidera ultimately depend on the original judgment, the relevant legislation, the evidence presented at trial and any subsequent appellate decisions.
Editorial note: This report summarises the arguments made by Christopher Chidera, Esq. Before publication, independently verify the reported sentence against the certified judgment, the exact charge and statutory provision applied, the wording and current status of IPOB’s proscription order, and the relevant decisions concerning Nnamdi Kanu. Allegations of judicial misconduct, unlawful detention and constitutional invalidity should not be presented as established findings unless supported by authoritative records.
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