Can You Be Convicted Under a Repealed Law? Kanu Appeal Raises the Question

In his appeal, Nnamdi Kanu challenges whether the law used to convict him was valid when judgment was delivered in November 2025. His legal team argues that the repeal of the Terrorism Prevention (Amendment) Act 2013 is at the heart of the dispute. The appeal highlights Section 98(3) of the 2022 terrorism law, which preserves pending cases but does not itself define offences or punish punishments. The key issue is whether a savings clause can replace the underlying penal law. Under Section 36(12) of the Constitution, a person cannot be convicted unless the offence and penalty are prescribed by written law in force at the relevant time. The trial judge reportedly avoided formally identifying which statute authorised the conviction. The Court of Appeal must now determine what written law underpinned the conviction. Its decision could set an important precedent for how Nigerian courts handle prosecutions under repealed legislation.

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