By John Attah
A United States-based organisation, Rising Sun Foundation USA, has announced a $10,000 reward for anyone who can produce a Nigerian judicial precedent upholding a criminal conviction based on a statute repealed before judgment.
The foundation, in a fresh challenge to the legal basis of the conviction of the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has called on Justice James Omotosho of the Federal High Court, Abuja, and members of the Nigerian legal community to justify the application of the law in the November 20, 2025 judgment.
In a statement signed by its Chairman, Dr. Maxwell Dede, the organisation argued that Kanu’s conviction was anchored on the Terrorism (Prevention) (Amendment) Act, 2013, which was subsequently repealed by the Terrorism (Prevention and Prohibition) Act, 2022.
It maintained that reliance on a repealed legislation to sustain a criminal conviction raises serious constitutional questions, particularly in view of Section 36(12) of the 1999 Constitution, which prohibits the conviction of any person for an offence unless the offence is defined and its penalty prescribed in a written law.
The foundation cited the landmark case of _Aoko v. Fagbemi_ (1961) and _Temple Nwankwoala v. FRN_ (2018), insisting that criminal liability cannot be sustained under a law that has ceased to exist.
It further drew attention to page 72 of Justice Omotosho’s judgment, where the trial judge reportedly cited the Supreme Court’s decision in _State v. Egigia_ (2024), which affirmed that a repealed law no longer retains legal force.
Describing the situation as a potential legal contradiction, the foundation challenged the judiciary and the wider legal community to produce an authoritative Nigerian judicial decision validating a conviction founded on a repealed statute.
It also demanded a clear explanation of the statutory and constitutional provisions that could sustain such a conviction.
While acknowledging that the prosecution might rely on savings provisions contained in the 2022 Terrorism Act to justify the continued application of the repealed legislation, the organisation insisted that such an argument must be properly reconciled with the constitutional safeguards guaranteed under Section 36(12).
The foundation said the $10,000 reward was open to lawyers, legal academics, jurists and institutions across the world capable of producing a verifiable judicial precedent addressing the issue.
According to the statement, the reward will be paid worldwide within seven working days after verification of any qualifying submission.
Interested individuals and institutions have been invited to forward their submissions to hope@risingsuncharities.org or mdede@risingsuncharities.org.
The foundation said the initiative was aimed at eliciting authoritative legal clarification on what it considers a fundamental question concerning the application of repealed criminal legislation and the constitutional protection of defendants in Nigeria.
