Nnamdi Kanu Files Motion to Dismiss FG’s Suit, Says Charges Are Based on Repealed Laws
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 terrorism-related charges against him and his immediate release from detention.
In the motion, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges currently pending against him are invalid, unconstitutional, and unsupported by any existing Nigerian law.
Acting as his own counsel, Kanu submitted the application under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution (as amended), alongside relevant provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022 (TPPA).
Kanu maintained that the Federal Government’s case relied on repealed and obsolete laws, including the Customs and Excise Management Act (CEMA)—which has been replaced by the Nigeria Customs Service Act 2023—and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
He stated that relying on such repealed laws violates Section 36(12) of the Constitution, which prohibits trying any individual for an offence not defined under a valid and current Nigerian law.
According to Kanu, this renders the prosecution’s charges void and unconstitutional, and therefore, the court must strike out the case in its entirety.
The IPOB leader also referenced the Supreme Court judgment in FRN v. Kanu (SC/CR/1361/2022), emphasizing that courts are obligated to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011.
Failure to do so, he warned, would render all related proceedings null and void.
Kanu further argued that the alleged offences were said to have occurred in Kenya, thereby violating Section 76(1)(d)(iii) of the TPPA 2022, which mandates that such offences must first be validated by a court in the country where they allegedly occurred before prosecution in Nigeria.
He said this omission strips Nigerian courts of extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.
Citing landmark precedents such as Aoko v. Fagbemi (1961) and FRN v. Ifegwu (2003), Kanu noted that Nigerian courts have consistently nullified convictions based on repealed or non-existent laws.
He therefore urged the court to hear and decide his motion strictly on points of law on or before November 4, 2025, and directed the prosecution to file its response within three days.
Kanu concluded that since his motion raises purely constitutional issues, no supporting affidavit is required.
