The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a fresh motion at the Federal High Court in Abuja asking the court to strike out all charges against him and to order his immediate release. The motion, titled “Motion on Notice and Written Address in Support,” was filed on October 30, 2025, and is part of Kanu’s ongoing legal battle against his prosecution.
In the motion, Kanu, who is representing himself, 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.” He contended that the prosecution is relying on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA) repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013 repealed by the Terrorism (Prevention and Prohibition) Act 2022.
Kanu maintained that basing the charges on repealed statutes violates the principle of legality enshrined in Section 36(12) of the Nigerian Constitution, which forbids trying any person for an offence not defined under a current law. He urged the court to declare that there is no lawful basis for his trial or continued detention in the absence of valid charges.
The IPOB leader also cited a Supreme Court ruling (FRN v. Kanu, SC/CR/1361/2022) instructing courts to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011 and stressed that ignoring this renders all proceedings void ab initio.
Further, Kanu argued that the alleged offences cited by the prosecution reportedly occurred in Kenya, and under Nigerian law, such extraterritorial jurisdiction requires validation by a Kenyan court—something absent in his case. He claimed this breach violates the African Charter on Human and Peoples’ Rights.
Kanu called for the court to hear and determine his motion on or before November 4, 2025, and requested that the prosecution file a response within three days. This fresh legal move intensifies the battle surrounding one of Nigeria’s most high-profile and controversial prosecutions.