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The detained leader of the Indigenous People of Biafra (IPOB), 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.
In the motion dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that there is no valid or existing law in Nigeria upon which the charges against him are based.
He described the charges as “a nullity ab initio for want of any extant legal foundation.”
Kanu, who is representing himself, filed the motion under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution (as amended), the Evidence Act 2011, and the Terrorism (Prevention and Prohibition) Act 2022.
He maintained that the prosecution relied on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA)—which has been repealed by the Nigeria Customs Service Act 2023—and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
According to Kanu, the reliance on repealed laws violates Section 36(12) of the Constitution, which prohibits the trial of any person for an offence not defined under an existing law. He therefore urged the court to strike out all the charges, insisting that they do not constitute any offence known to law.
Citing the Supreme Court’s decision in FRN v. Kanu (SC/CR/1361/2022), he argued that lower courts are bound under Section 122 of the Evidence Act 2011 to take judicial notice of repealed laws, adding that failure to do so renders all ongoing proceedings void.
Kanu further contended that the alleged offences were said to have been committed 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 maintained that this omission nullifies the court’s extraterritorial jurisdiction and violates Article 7(2) of the African Charter on Human and Peoples’ Rights.
He also argued that under Sections 1(3) and 36(12) of the Constitution, any law or judicial act inconsistent with the Constitution is void. Kanu cited previous judgments such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, where convictions based on non-existent laws were nullified.
The IPOB leader urged the court to direct the prosecution to respond to his motion strictly on points of law within three days and to deliver a ruling on or before November 4, 2025.
He added that his application raises only constitutional and legal questions derived from existing laws and, therefore, does not require an affidavit.
