Nnamdi Kanu Files New Motion, Seeks Dismissal Of All Charges.

Nnamdi.

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 for all charges against him to be struck out and for his immediate release.

In the motion dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that there are no valid charges against him under any existing Nigerian law. He stated that the charges presently before the court are “a nullity ab initio for want of any extant legal foundation.”

Kanu, 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He maintained that the prosecution relied on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA), which was repealed and replaced by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, which was replaced by the TPPA 2022.

According to Kanu, relying on repealed laws violates Section 36(12) of the Constitution, which bars the prosecution of an offence not defined by any existing law. He therefore asked the court to strike out the charges entirely, insisting that they do not amount to any offence recognised by law.

Referring to the Supreme Court’s judgment in FRN v. Kanu (SC/CR/1361/2022), he argued that lower courts are legally required to take judicial notice of repealed laws in line with Section 122 of the Evidence Act 2011. He added that any failure to do so renders all related proceedings void.

Kanu also argued that the alleged offences were said to have been committed in Kenya, contrary to Section 76(1)(d)(iii) of the TPPA 2022, which stipulates that such acts must first be validated by a Kenyan court before being prosecuted in Nigeria. He said this omission invalidates the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.

He further contended that, under Sections 1(3) and 36(12) of the Constitution, any law or judicial act that contradicts the Constitution is null and void. He cited previous court rulings, including 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 overturned.

Kanu urged the court to direct the prosecution to reply to his motion only on points of law within three days and to deliver its ruling on or before November 4, 2025.

He stated that his application raises purely constitutional and legal matters founded on existing laws and therefore does not require an affidavit.