Nnamdi Kanu Files Fresh Motion in Abuja Court, Demands All Charges Be Struck Out

Mazi Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has filed a fresh and substantive motion before the Federal High Court in Abuja, vigorously seeking the immediate dismissal of all terrorism-related charges against him and his subsequent unconditional release.

Dependable NG reports that the motion, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” asserts that there is no valid charge against him under any existing law in Nigeria. Kanu, who is representing himself in the matter, contends that the charges currently before the court are “a nullity ab initio for want of any extant legal foundation.” He filed the critical motion using several constitutional and legal provisions, including 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.

The IPOB leader maintains that the prosecution unlawfully relied on laws that have been repealed and are non-existent. Specifically, he cites the Customs and Excise Management Act (CEMA), which was repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, which was repealed by the TPPA 2022. Kanu argues that this reliance on repealed laws constitutes a direct violation of Section 36(12) of the Constitution, which strictly prohibits the trial of any individual for an offence that is not clearly defined under an existing law. He is therefore urging the court to strike out the charges in their entirety, insisting they do not constitute any offence known to law.

Kanu further argued that the counts against him were allegedly committed in Kenya, which he insists violates Section 76(1)(d)(iii) of the TPPA 2022. This section, he notes, requires validation by a Kenyan court before such acts can be tried in Nigeria, an omission that he states nullifies the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights. Citing multiple Supreme Court and previous court decisions, Kanu contends that failure to recognize repealed laws renders all proceedings void. He has 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.