Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has filed a fresh motion seeking to stop the Federal High Court in Abuja from delivering judgment in his ongoing trial, scheduled for November 20.
Justice James Omotosho had fixed the date for judgment on November 7 after Kanu declined to open his defence, despite multiple opportunities granted by the court.
In the new motion filed on Tuesday, Kanu urged the court to restrain itself from delivering the judgment, arguing that the proceedings were conducted under repealed and non-existent laws, in violation of a Supreme Court directive.
Kanu contended that the trial court acted contrary to section 287(1) of the 1999 Constitution, which requires all courts to comply with the decisions of the Supreme Court. He is seeking a declaration that the lower court was constitutionally bound to follow the apex court’s earlier ruling that count 15—now renumbered as count 7—“does not exist in law.”
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According to him, the trial court’s failure to implement that decision rendered all subsequent proceedings “null and void.” He further argued that the court’s refusal to acknowledge the repeal of the 2013 Terrorism Act, as required by section 122 of the Evidence Act (2011), invalidated all steps taken under that obsolete law.
Kanu also maintained that under section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022, the Federal High Court lacks jurisdiction to try him without proof that the alleged offences are recognised under Kenyan law or supported by a valid extradition order from Kenya—where he was allegedly brought back to Nigeria.
He added that the plea taken on March 29, 2025, was invalid, as it was entered under a repealed law and in breach of section 220 of the Administration of Criminal Justice Act (ACJA), 2015.
Consequently, Kanu asked the court to set aside all proceedings and orders made by Justice Omotosho in suit number FHC/ABJ/CR/383/2015, citing lack of jurisdiction and violation of constitutional supremacy.
The IPOB leader, who earlier dismissed his legal team, has chosen to represent himself in court. Despite repeated advice from the judge to seek legal counsel, Kanu insisted there was no valid case against him and maintained that his continued detention by the Department of State Services (DSS) is unlawful.
