Nnamdi Kanu Files New Motion in Abuja Court Challenging Legal Foundation of All Pending Charges

Nnamdi Kanu has submitted a recent application to the Federal High Court in Abuja, requesting that all existing charges against him be dismissed and that he be freed immediately.

In the “Motion on Notice and Written Address in Support,” dated October 30, 2025, the detained leader of the Indigenous People of Biafra (IPOB) contends that the prosecution lacks a valid legal basis for the accusations. He argues that the charges currently before the court are “a nullity ab initio” because they lack a proper, existing legal foundation.

Representing himself, Kanu based his motion on several 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He asserts that the prosecution has improperly relied on laws that are either repealed or non-existent, specifically citing the Customs and Excise Management Act (CEMA), which was replaced by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, superseded by the TPPA 2022.

Kanu argues that using repealed legislation violates Section 36(12) of the Constitution, which forbids trying an individual for an offense not defined by an extant law. Consequently, he has asked the court to strike out the entirety of the charges, claiming they constitute no recognized offense.

Furthermore, citing the Supreme Court’s precedent in FRN v. Kanu, he maintains that lower courts are obligated to acknowledge repealed laws under Section 122 of the Evidence Act 2011, and that a failure to do so invalidates all subsequent proceedings.

Kanu also challenges the court’s jurisdiction, noting that the counts were allegedly committed in Kenya. He argues that this requires validation by a Kenyan court under Section 76(1)(d)(iii) of the TPPA 2022, and the lack of such validation nullifies the court’s extraterritorial jurisdiction while breaching Article 7(2) of the African Charter on Human and Peoples’ Rights.

He concluded by reiterating that any law or judicial action inconsistent with the Constitution is void under Sections 1(3) and 36(12), referencing landmark cases where convictions based on void laws were overturned.

Kanu requested the court to mandate the prosecution to respond solely on legal grounds within three days and to issue a ruling by November 4, 2025, asserting that his application raises only legal and constitutional points requiring no supporting affidavit.