Bruce Fein Writes Justice Omotosho, Demands Dismissal Of Charges Against Nnamdi Kanu Over Lack Of Jurisdiction
Bruce Fein, the United States counsel to the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has written to Justice James Omotosho of Nigeria’s Federal High Court in Abuja, demanding the dismissal of all charges against the IPOB leader on grounds of lack of jurisdiction.
In a letter dated October 28, 2025, and titled “Dismissal of prosecution of Mazi Nnamdi Kanu for lack of jurisdiction,” Fein argued that the Nigerian government should not benefit from what he described as its own “criminality” in the process that led to Kanu’s rendition to Nigeria.
“No government should profit from its own criminality. That has been binding law from time immemorial,” Fein wrote, invoking the principle that justice is the foundation of government and civil society.
Citing the 1928 opinion of U.S. Supreme Court Justice Louis D. Brandeis in Olmstead v. United States, Fein emphasized that governments undermine the rule of law when they themselves break it.
“In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, omnipresent teacher.
“For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.
“To declare that, in the administration of the criminal law, the end justifies the means — to declare that the Government may commit crimes in order to secure the conviction of a private criminal — would bring terrible retribution,” Fein quoted from Justice Brandeis’ ruling.
Fein argued that both the United Nations Working Group on Arbitrary Detention and Nigerian courts have recognized that the Federal Government committed “multiple crimes” in bringing Kanu into Nigerian custody, including kidnapping, torture, and extraordinary rendition.
According to Fein, these constitute jus cogens crimes under international law, offenses so grave that no state can lawfully commit them, and therefore strip Nigerian courts of any jurisdiction to continue prosecuting Kanu.
He cited paragraph 107 of the UN Working Group’s July 20, 2022, opinion, which directed the Nigerian government to grant the “immediate unconditional release” of Kanu.
Fein further warned Justice Omotosho that continuing the case would implicate the court in the alleged illegalities of Kanu’s rendition.
“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 in bringing Mr. Kanu before your tribunal,” he wrote.
“You will be vulnerable to prosecution before the International Criminal Court. You will have been unfaithful to your professional duty to see that justice is done.”
The Nigerian government has maintained that Kanu faces terrorism-related charges before the Federal High Court in Abuja, though his lawyers insist that his abduction and forced transfer from Kenya render the entire prosecution illegal.
The letter comes amid an ongoing standoff in Kanu’s trial before the Federal High Court in Abuja.
The IPOB leader has refused to enter his defense, insisting that the court lacks jurisdiction to try him because of his extraordinary rendition from Kenya in June 2021.
Kanu’s legal team has maintained that since his re-arrest and forcible return to Nigeria violated both domestic and international law, any subsequent proceedings amount to an abuse of court process.
His Special Nigerian counsel, Barrister Aloy Ejimakor, has consistently argued that the government’s disobedience of multiple court orders, including those granting bail and directing his release, further strips the court of its moral and legal authority.
Justice Binta Nyako, who has presided over earlier phases of the trial, had ruled that Kanu must stand trial despite his objections, prompting appeals and renewed motions challenging jurisdiction.
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, when he was renditioned to Nigeria from Kenya by the Nigerian authorities, an action a Kenyan court has ruled against.
His continued detention and the Nigerian government’s handling of his case have drawn widespread 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.
