A leading legal analyst, Onyedikachi Ifedi, Esq., has accused the Supreme Court of Nigeria of reviving a “colonial-era doctrine” to justify the continued detention and trial of Mazi Nnamdi Kanu, describing the move as a major setback for Nigeria’s justice system and a vindication of former Vice President Yemi Osinbajo’s warning about colonial influence in the judiciary.
In a public briefing issued on behalf of the Mazi Nnamdi Kanu Global Defence Consortium (Abuja, London, Washington, Nairobi, and The Hague), Ifedi condemned the Supreme Court’s reliance on the doctrine of male captus bene detentus—Latin for “wrongly captured, rightly detained”—in its December 15, 2023 judgment in FRN v. Nnamdi Kanu (SC/CR/1364/2022).
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According to Ifedi, the court’s decision “prioritizes procedural endurance over substantive justice” and directly undermines Section 36 of the Nigerian Constitution and Articles 7 and 12 of the African Charter on Human and Peoples’ Rights, both of which guarantee the right to a fair trial and freedom from arbitrary arrest or expulsion.
“This doctrine, born from the logic of empire, legitimizes illegal abductions under the guise of justice,” Ifedi said. “Its resurrection in 21st-century Nigeria is an insult to our sovereignty and a betrayal of our constitutional order.”
A Colonial Relic Resurrected
Ifedi explained that male captus bene detentus originated in the 19th century as a British colonial principle used to suppress anti-colonial activists. He described its reintroduction in Kanu’s case as “judicial regression” and warned that it sets a dangerous precedent.
He noted that while the Court of Appeal had in 2022 declared Kanu’s rendition from Kenya as unlawful, the Supreme Court’s subsequent decision effectively nullified that finding—allowing trial to proceed despite the acknowledged illegality of his arrest.
“The Supreme Court chose expedience over justice,” he said. “It declared that an illegal capture does not invalidate trial jurisdiction, effectively telling Nigerians that the end justifies the means.”
Eroding the Constitution and African Charter
The statement further argued that the judgment weakens Nigeria’s commitment to both its Constitution and its international obligations.
Article 12(2) of the African Charter prohibits arbitrary expulsion or abduction, while Article 7(1) guarantees fair trial.
Section 36 of the Nigerian Constitution ensures non-derogable rights to fair hearing and lawful arrest.
Ifedi warned that the Supreme Court’s approach “dilutes the sanctity” of these provisions and “grants the executive the right to benefit from its own illegality.”
He recalled that Professor Yemi Osinbajo, in his October 9, 2025 address, had warned that Nigeria’s judiciary remains “trapped in colonial-era rigidities that elevate procedural formalities above real justice.”
“That concern has now materialized in the Nnamdi Kanu case,” Ifedi said. “The judiciary has turned from protector of liberty to enforcer of state power.”
Judiciary at a Crossroads
The consortium’s statement also criticized the ongoing proceedings before Justice Omotosho of the Federal High Court, alleging that the government continues to prosecute Kanu under repealed terrorism laws despite the Terrorism Prevention and Prohibition Act (TPPA) 2022 replacing the old legal framework.
“Our courts now exalt form over substance, and detention over legality,” Ifedi lamented. “This is exactly what Osinbajo described when he warned that the judiciary risks becoming a threat to the rule of law.”
Call for Decolonization of the Justice System
The group called for an urgent “decolonization of the judicial mind”, outlining key reforms:
Reject colonial doctrines like male captus bene detentus in Nigerian courts.
Enforce the African Charter as binding domestic law.
Review outdated judicial doctrines through legislative intervention.
Reform legal education to prioritize human rights–based jurisprudence.
“Decolonizing the justice system is not a theoretical indulgence,” Ifedi emphasized. “It is the urgent rescue of judicial integrity from the residues of empire.”
Conclusion
The briefing concluded that the application of male captus bene detentus in Kanu’s case symbolizes the “colonial ghost still haunting Nigeria’s judiciary.”
“The Supreme Court’s role should be to guarantee justice, not justify captivity,” Ifedi declared. “If Nigeria is to truly honor its constitutional promise, it must exorcise this ghost and ensure that legality and liberty triumph over imperial logic.”