The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a fresh motion at 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 the charges are baseless and have no legal foundation, describing them as “a nullity ab initio for want of any extant legal foundation.”
Representing himself, Kanu cited 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. He maintained that the prosecution relies on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA) and the Terrorism Prevention (Amendment) Act 2013, which were replaced by the Nigeria Customs Service Act 2023 and TPPA 2022 respectively.
Kanu argued that such reliance contravenes Section 36(12) of the Constitution, which forbids trials for offences not defined under current law. He urged the court to strike out the charges, insisting they do not constitute any known offence.
He further contended that the alleged offences were committed in Kenya, citing 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 claimed this omission invalidates the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.
Kanu also referred to Supreme Court and other precedents, including FRN v. Kanu (SC/CR/1361/2022), Aoko v. Fagbemi (1961), and FRN v. Ifegwu (2003), to support his claim that proceedings based on repealed or inconsistent laws are void.
The IPOB leader requested that the prosecution respond strictly on points of law within three days and for the court to deliver a ruling on or before November 4, 2025.
He noted that the motion deals solely with constitutional and legal questions, and therefore does not require an affidavit.
