“Charges Have No Legal Basis” — Nnamdi Kanu Files New Motion for Dismissal

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, urging the court to dismiss all terrorism-related charges against him and order his immediate release.

In the motion dated October 30, 2025, Kanu argued that the charges currently pending before the court are unconstitutional, invalid, and based on repealed laws that no longer exist in Nigeria’s legal framework.

Acting as his own counsel, Kanu filed the application under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution (as amended), alongside provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022.

According to him, the Federal Government’s prosecution relied on repealed legislation such as the Customs and Excise Management Act (CEMA) and the Terrorism Prevention (Amendment) Act 2013—both of which have been replaced by newer laws. He stated that this violates Section 36(12) of the Constitution, which prohibits any citizen from being tried for an offence not defined under a valid law.

Kanu maintained that the current charges “disclose no offence known to law,” citing the Supreme Court judgment in FRN v. Kanu (SC/CR/1361/2022), which obliges courts to take judicial notice of repealed laws. He insisted that any trial based on such statutes is null and void.

The IPOB leader further claimed that the alleged offences were said to have occurred in Kenya, and therefore cannot be tried in Nigeria without jurisdiction being established by a Kenyan court, as required under Section 76(1)(d)(iii) of the TPPA 2022 and Article 7(2) of the African Charter on Human and Peoples’ Rights.

Kanu urged the court to strike out the entire case before November 4, 2025, describing it as a matter of pure constitutional interpretation. He also requested that the prosecution respond within three days, adding that no affidavit was necessary since the motion was filed strictly on points of law.