The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has submitted a fresh application before the Federal High Court in Abuja, requesting that all charges against him be struck out and that he be set free without further delay.
In the new motion filed on October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges brought against him have no legal basis under Nigerian law, describing them as “null and void from inception.”
Acting as his own counsel, the IPOB leader anchored his motion on several provisions of the 1999 Constitution, including Sections 1(3), 6(6)(b), and 36(12), as well as the Evidence Act of 2011 and the Terrorism (Prevention and Prohibition) Act of 2022.
He contended that the prosecution’s case relies on laws that have been repealed and no longer exist — notably, the Customs and Excise Management Act (CEMA), which was replaced by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, which was repealed by the TPPA 2022.
According to Kanu, prosecuting him under defunct laws amounts to a breach of Section 36(12) of the Constitution, which forbids trial for any offence not recognized by an existing law. He urged the court to dismiss all counts against him, insisting that none of them disclose any offence known to Nigerian law.
Citing the Supreme Court ruling in FRN v. Kanu (SC/CR/1361/2022), the IPOB leader maintained that courts are constitutionally obligated under Section 122 of the Evidence Act to take judicial notice of repealed statutes. He noted that any failure to do so renders proceedings invalid.
Kanu also questioned the court’s jurisdiction to try him, arguing that the alleged offences occurred in Kenya. He pointed to Section 76(1)(d)(iii) of the TPPA 2022, which requires validation by the courts of the country where an alleged crime was committed before it can be tried elsewhere. This, he said, makes the trial in Nigeria unconstitutional and contrary to Article 7(2) of the African Charter on Human and Peoples’ Rights.
He further cited past judicial precedents such as Aoko v. Fagbemi (1961) and FRN v. Ifegwu (2003), in which convictions based on non-existent laws were nullified, reiterating that any law or action inconsistent with the Constitution is automatically void.
Kanu asked the court to compel the prosecution to respond to his motion solely on legal points within three days and to deliver its ruling by November 4, 2025.
He clarified that his motion raises only constitutional and legal arguments and therefore does not require any supporting affidavit.