The detained head of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a new application with the Federal High Court in Abuja.
Specifically, the motion seeks the outright dismissal of all pending charges and his immediate freedom.
Kanu’s argument, outlined in the “Motion on Notice and Written Address in Support” dated October 30, contends that no legitimate charge can be maintained against him under existing Nigerian legislation.
Consequently, he claims the current charges before the court are “a nullity ab initio” due to a complete lack of legal foundation.
The IPOB leader, who is representing himself, filed the motion under 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He maintained that the prosecution relied on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA), which was repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
Kanu said the reliance on such repealed laws violates Section 36(12) of the Constitution, which prohibits trial for an offence not defined under an existing law.
He, therefore, urged the court to strike out the charges in their entirety, insisting 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Court’s decision in FRN v. Kanu (SC/CR/1361/2022), he argued that lower courts are bound to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011, adding that failure to do so renders all proceedings void.
Kanu also contended that the counts against him were allegedly committed in Kenya, in violation of 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 said this omission nullifies the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.
He further maintained that under Sections 1(3) and 36(12) of the Constitution, any law or judicial act inconsistent with the Constitution is void.
He cited previous court 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 nullified.
Kanu 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 stated that his application raises only constitutional and legal questions derived from existing laws and therefore does not require an affidavit.
Persecondnews recalls that Kanu has been in DSS detention in Abuja since he was rearrested in Kenya and subjected to extraordinary rendition back to Nigeria on June 27, 2021.
He was arrested by Kenyan security operatives in collaboration with Nigerian authorities.
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