Nnamdi


The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a new motion before the Federal High Court in Abuja, seeking the dismissal of all charges against him and his immediate release.

In the motion dated October 30, 2025, titled “Motion on Notice and Written Address in Support,” Kanu argued that there are no valid charges against him under any existing Nigerian law. He described the charges as “a nullity ab initio for want of any extant legal foundation.”

Representing himself, Kanu filed the motion under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, as well as the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022 (TPPA).

He contended that the prosecution relied on repealed and non-existent laws, such as the Customs and Excise Management Act (CEMA)—replaced by the Nigeria Customs Service Act 2023—and the Terrorism Prevention (Amendment) Act 2013, which has been replaced by the TPPA 2022.

According to him, relying on repealed laws violates Section 36(12) of the Constitution, which prohibits prosecuting anyone for an offence not defined under existing law. He therefore urged the court to strike out all the charges, insisting they have no legal basis.

Citing the Supreme Court judgment in FRN v. Kanu (SC/CR/1361/2022), he reminded the lower court that it must take judicial notice of repealed laws under Section 122 of the Evidence Act 2011—failure to do so, he said, renders all related proceedings void.

Kanu further argued that the alleged offences were said to have been committed in Kenya, in violation of Section 76(1)(d)(iii) of the TPPA 2022, which requires validation by a Kenyan court before any prosecution can proceed in Nigeria. He added that this omission undermines the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.

He also maintained that under Sections 1(3) and 36(12) of the Constitution, any law or judicial act inconsistent with the Constitution is null and void. He referenced landmark cases such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, where convictions based on invalid laws were overturned.

Kanu requested that the prosecution respond only on points of law within three days, and that the court deliver its ruling on or before November 4, 2025.

He emphasized that his motion is strictly constitutional and legal in nature, adding that it does not require any supporting affidavit.