The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, urging the court to dismiss all charges against him and order his immediate release.
In the motion dated October 30, 2025, titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges currently pending before the court are invalid and unconstitutional, insisting they are “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, the Evidence Act 2011, and the Terrorism (Prevention and Prohibition) Act 2022 (TPPA).
He contended that the Federal Government relied on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA) — which was replaced by the Nigeria Customs Service Act 2023 — and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
Kanu maintained that this reliance violates Section 36(12) of the Constitution, which prohibits trying any person for an offence not defined under an existing law. He therefore urged the court to strike out all counts, arguing that they do not constitute any offence known to law.
Citing the Supreme Court’s ruling in FRN v. Kanu (SC/CR/1361/2022), he reminded the court that lower courts are bound to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011, adding that failure to do so renders all related proceedings void.
Kanu also challenged the court’s jurisdiction, stating that the alleged offences were said to have occurred in Kenya, contrary to Section 76(1)(d)(iii) of the TPPA 2022, which requires validation by a Kenyan court before such acts can be tried in Nigeria. He argued that this omission invalidates the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.
According to him, any law or judicial act inconsistent with the Constitution is null and void, citing past decisions such as Aoko v. Fagbemi (1961) and FRN v. Ifegwu (2003), where convictions based on non-existent laws were overturned.
Kanu urged the court to compel the prosecution to respond strictly on points of law within three days, and to deliver its ruling on or before November 4, 2025.
He added that the application raises purely constitutional and legal issues, and therefore does not require an affidavit.
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