Nnamdi Kanu has filed a fresh motion before the Federal High Court in Abuja, asking the court to dismiss all the charges against him and order his immediate release.
The application, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” argues that there is no valid or existing law in Nigeria under which he can be prosecuted. Kanu, the detained leader of the Indigenous People of Biafra (IPOB), described the charges as “a nullity ab initio,” insisting they lack any legal foundation.
Representing himself, Kanu brought the motion under 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 He contended that the Federal Government relied on repealed and non-existent laws— including the former Customs and Excise Management Act (CEMA), repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
He argued that using repealed laws violates Section 36(12) of the Constitution, which prohibits trying any person for an offence not defined in an existing law. Kanu therefore urged the court to strike out all the charges, maintaining they do not disclose any offence known to law.
Kanu cited the Supreme Court’s ruling in FRN v. Kanu (SC/CR/1361/2022), stressing that lower courts are required under Section 122 of the Evidence Act 2011 to take judicial notice of repealed laws. Failing to do so, he said, renders proceedings null and void.
He also argued 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. According to him, the absence of this validation strips the court of extraterritorial jurisdiction and violates Article 7(2) of the African Charter on Human and Peoples’ Rights.
Kanu further maintained that any law or judicial action inconsistent with the Constitution is automatically void, citing previous decisions 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 overturned.
He asked 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. Kanu added that his motion raises only constitutional and legal issues based on existing laws, making an affidavit unnecessary.
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