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 seeking the dismissal of all charges against him and his immediate release from detention.
In the motion, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges pending against him are invalid, describing them as “a nullity ab initio for want of any extant legal foundation.”
Representing himself, the IPOB leader filed the motion under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution (as amended), alongside provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act (TPPA) 2022.
Kanu maintained that the Federal Government’s prosecution relied on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA)—which was replaced by the Nigeria Customs Service Act 2023—and the Terrorism Prevention (Amendment) Act 2013, which has been repealed by the TPPA 2022.
He argued that this reliance violates Section 36(12) of the Constitution, which bars trial for offences not defined by existing laws. Kanu therefore urged the court to strike out the charges, asserting they do not constitute any recognised offence under Nigerian 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ruling in FRN v. Kanu (SC/CR/1361/2022), he reminded the court that lower courts are bound to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011. Failure to do so, he said, renders ongoing proceedings void.
Kanu further contended that the alleged offences occurred in Kenya, violating Section 76(1)(d)(iii) of the TPPA 2022, which mandates that such acts must be validated by a Kenyan court before being tried in Nigeria. He added that this omission strips the court of extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.
Referencing earlier judgments—Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113—Kanu asserted that any conviction or trial based on non-existent laws is unconstitutional and void.
He urged the court to compel the prosecution to respond strictly on points of law within three days and to deliver a ruling on or before November 4, 2025.
Kanu clarified that his application raises purely constitutional and legal issues derived from existing laws and therefore does not require an affidavit in support.