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Nnamdi Kanu Strikes Back: Files Fresh Motion To End Trial, Demands Freedom.
The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, seeking the dismissal of all criminal charges brought against him by the Federal Government and calling for his immediate release.....KINDLY READ THE FULL STORY HERE▶
According to Nivo News, the motion, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” argues that there is no valid legal foundation for Kanu’s continued prosecution. He described the case as “a nullity ab initio,” urging the court to strike out all counts for violating constitutional and procedural provisions.
Kanu, who personally filed the motion, insisted that his ongoing trial contravenes Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution (as amended), as well as relevant provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022.
He contended that the Federal Government’s reliance on repealed laws—such as the now-defunct Customs and Excise Management Act (CEMA) replaced by the Nigeria Customs Service Act 2023, and the repealed Terrorism Prevention (Amendment) Act 2013—renders the entire prosecution invalid.
“There is no valid charge against me under any existing law in Nigeria,” Kanu declared, stressing that the prosecution is “relying on repealed and non-existent laws,” thereby making the case “a nullity ab initio.”
Citing the Supreme Court’s ruling in FRN v. Kanu (SC/CR/1361/2022), he maintained that lower courts are constitutionally bound to acknowledge repealed statutes under Section 122 of the Evidence Act 2011. He added that failure to do so would render all subsequent proceedings void and unconstitutional.
Kanu further asserted that the alleged offences took place in Kenya, beyond Nigeria’s territorial jurisdiction. Relying on Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act 2022, he argued that any such act must first be validated by a Kenyan court before Nigeria can assume jurisdiction, in line with Article 7(2) of the African Charter on Human and Peoples’ Rights.
“The Constitution remains the supreme law of the land,” Kanu stated, citing Aoko v. Fagbemi (1961) and FRN v. Ifegwu (2003), both of which invalidated convictions based on repealed laws. He maintained that any legislation or judicial act inconsistent with the Constitution is void.
The IPOB leader urged the court to compel the prosecution to respond strictly on points of law within three days and to deliver its ruling no later than November 4, 2025. He added that his motion raises pure questions of law and constitutional interpretation, requiring no supporting affidavit.
Kanu has remained in the custody of the Department of State Services (DSS) since his re-arrest in 2021, facing multiple charges bordering on treasonable felony, terrorism, and incitement—allegations he insists are politically driven and legally baseless.
The court is expected to announce a date for the hearing of the fresh motion, which could determine whether the long-running trial will proceed or collapse under the weight of Kanu’s latest constitutional challenge.
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