Detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, asking the court to strike out all pending charges against him and order his release.
In the motion dated October 30, 2025, Kanu argued that the charges currently before the court have no basis under any existing Nigerian law, describing them as “a nullity ab initio for want of any extant legal foundation.”
Representing himself, the separatist leader filed the application under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, as well as provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022. He maintained that the prosecution relied on repealed and non-existent statutes to sustain its case.
According to Kanu, laws such as the Customs and Excise Management Act (CEMA) and the Terrorism Prevention (Amendment) Act 2013 had long been repealed and replaced by newer legislations — the Nigeria Customs Service Act 2023 and the TPPA 2022 — making the charges void. He said this reliance violates Section 36(12) of the Constitution, which forbids trials for offences not defined under an existing law.
Citing the Supreme Court judgment in FRN v. Kanu (SC/CR/1361/2022), he argued that lower courts are obligated to take judicial notice of repealed laws, and failure to do so invalidates all related proceedings. He insisted that any act inconsistent with constitutional provisions stands null and void.
The IPOB leader also challenged the court’s jurisdiction, saying the alleged offences occurred in Kenya and were therefore subject to validation by a Kenyan court under Section 76(1)(d)(iii) of the TPPA 2022. He claimed the failure to obtain such validation breaches both Nigerian law and Article 7(2) of the African Charter on Human and Peoples’ Rights.
Kanu urged the court to compel the prosecution to respond to his motion within three days and to deliver its ruling on or before November 4, 2025. He stressed that his application raises purely constitutional and legal questions, requiring no affidavit in support.
