Story: written by Uzuh Rita October 31,2025
The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a new motion before the Federal High Court in Abuja, asking the court to strike out all charges brought against him and order his immediate release.

In the motion dated October 30, 2025, titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges currently pending against him are legally baseless and not supported by any existing Nigerian law.

Representing himself, Kanu filed the motion under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, alongside provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022.

He claimed that the prosecution relied on repealed and obsolete laws, such as the Customs and Excise Management Act (CEMA)—which has been replaced by the Nigeria Customs Service Act 2023—and the Terrorism Prevention (Amendment) Act 2013, repealed by the 2022 TPPA.

According to Kanu, relying on non-existent laws violates Section 36(12) of the Constitution, which forbids trying anyone for an offence not defined under a valid law. He therefore urged the court to dismiss all the counts against him, describing them as “a nullity from inception.”

Citing the Supreme Court’s judgment in FRN v. Kanu (SC/CR/1361/2022), he argued that lower courts are bound under Section 122 of the Evidence Act 2011 to recognize repealed laws, and failure to do so makes any proceedings void.

Kanu also contended that the alleged offences occurred in Kenya, which, under Section 76(1)(d)(iii) of the TPPA 2022, requires validation by a Kenyan court before being tried in Nigeria. He said this omission invalidates the court’s 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 judicial act or law inconsistent with the Constitution is void, citing previous cases such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, where convictions based on repealed laws were set aside.

Kanu 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.

He concluded that his application raises purely constitutional and legal issues, and therefore does not require an affidavit in support.