Detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, asking the court to strike out all pending charges against him and order his immediate release.
As reported by Poltics Nigeria, in the latest motion titled “Motion on Notice and Written Address in Support” and dated October 30, 2025, Kanu argued that there is “no charge or counts cognisable within the corpus juris of the Federal Republic of Nigeria” against him, describing the charges as “a nullity ab initio for want of any extant legal foundation.”
The IPOB leader, who is representing himself, brought the application pursuant to various constitutional and statutory 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.
He urged the court to strike out the “purported charge” entirely, insisting that the Federal Government relied on repealed and non-existent laws specifically, the Customs and Excise Management Act (CEMA), Cap C45, LFN 2004, and the Terrorism Prevention (Amendment) Act 2013, which were both repealed by newer enactments.
According to him, the use of such repealed statutes invalidates the charges and violates Section 36(12) of the Constitution, which forbids prosecuting anyone for an offence not defined by existing law.
He also cited the Supreme Court’s decision in FRN v. Kanu (SC/CR/1361/2022), which directs courts to take judicial notice of repealed or obsolete laws as stipulated in Section 122 of the Evidence Act 2011. Kanu maintained that failure to comply with that principle “renders all proceedings void ab initio,” referencing NNPC v. Fawehinmi (1998) 7 NWLR (Pt 559) 598.
The motion further raised jurisdictional issues regarding alleged offences said to have been committed in Kenya. Kanu pointed out that counts 1 to 6 in the charge sheet “contravene Section 76(1)(d)(iii) of the TPPA 2022,” which mandates that a Kenyan court must first validate that the alleged acts constitute crimes under Kenyan law before any trial can proceed in Nigeria.
He argued that failure to meet this requirement invalidates Nigeria’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.
Quoting Section 1(3) of the Constitution, Kanu maintained that any law or proceeding inconsistent with the Constitution is void, insisting that his continued detention and trial lack legal foundation.
The IPOB leader relied on previous judicial decisions, 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 offences were nullified.
He urged the court to direct the prosecution to respond strictly on points of law within three days and to deliver a ruling on or before Tuesday, November 4, 2025.
He stressed that his motion “hinges on pure questions of law derivable from the Constitution, the TPPA 2022, the Evidence Act 2011, and the court record,” and as such, requires no supporting affidavit.
“The Defendant/Applicant has complied with this Honourable Court’s directive of 27 October 2025 by filing a comprehensive written address asserting that no valid or cognisable charge subsists against him, either under extant Nigerian statutes or any law recognized in Kenya,” part of the motion reads.
Below are documents uploaded on Poltics Nigeria’s website
