John 7:50-51

All this blind prejudice became more than Nicodemus could bear. Finally he questioned condemning Jesus out of hand without first listening to Him (cf. Acts 5:34-39). He did not defend Jesus. That may have been too threatening. He did raise an objection to his colleagues’ procedure on the grounds of fair play (cf. Deuteronomy 1:16-17). Nicodemus’ word of caution does not necessarily indicate that he had become a believer in Jesus, though he may have been (cf. John 19:38-39). The most we can say is that he was willing to defend Jesus’ rights.