By: Ojay Matthew
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, urging the court to strike out all charges against him and order his immediate release.
In the motion, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges currently before the court have no legal basis under Nigerian law. He described them as “a nullity ab initio,” claiming that the prosecution relied on repealed and non-existent statutes.
Representing himself in the matter, Kanu cited Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, along with provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act (TPPA) 2022. He maintained that the prosecution’s reliance on outdated laws, including the repealed Customs and Excise Management Act and the former Terrorism Prevention (Amendment) Act 2013, violates constitutional safeguards against charging an individual under laws that no longer exist.
The IPOB leader further referenced the Supreme Court’s ruling in FRN v. Kanu (SC/CR/1361/2022), insisting that lower courts must take judicial notice of repealed laws under Section 122 of the Evidence Act. He said any failure to do so renders ongoing proceedings invalid.
Kanu also contended that the alleged offences were committed in Kenya, thereby falling outside the jurisdiction of Nigerian courts under Section 76(1)(d)(iii) of the TPPA 2022. He argued that the absence of validation by a Kenyan court violates international legal principles, including Article 7(2) of the African Charter on Human and Peoples’ Rights.
Relying on previous judicial authorities such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, Kanu submitted that any judicial act inconsistent with the Constitution is void. He therefore urged the court to hear and rule on his motion by November 4, 2025, and directed the prosecution to respond strictly on points of law within three days.
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