Mazi Nnamdi Kanu, the detained leader of the Indigenous People of Biafra(IPOB), has submitted a new plea to the Federal High Court in Abuja, requesting that all charges against him be dropped and that he be released immediately.
In the motion dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that there is no valid charge against him under any existing law in Nigeria. He said the charges currently before the court are “a nullity ab initio for want of any extant legal foundation.”
In accordance with Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, the Evidence Act of 2011, and the Terrorism (Prevention and Prohibition) Act of 2022, the IPOB leader, acting on his own behalf, filed the motion.
He argued that the prosecution was dependent on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA), which was repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
According to Nnamdi Kanu, relying on such abolished legislation is against Section 36(12) of the Constitution, which forbids trying someone for a crime that isn’t covered by an existing statute. As a result, he requested the court to dismiss all of the allegations, arguing that they don’t represent any known legal violation.
Join our WhatsApp community
He claimed that lower courts must take judicial notice of repealed laws under Section 122 of the Evidence Act 2011, citing the Supreme Court’s ruling in FRN v. Kanu (SC/CR/1361/2022), and that failure to do so renders all proceedings unlawful.
The IPOB leader further argued that Section 76(1)(d)(iii) of the TPPA 2022, which requires validation by a Kenyan court before such crimes can be tried in Nigeria, was violated because the allegations against him were allegedly committed in Kenya.
According to him, this omission violates Article 7(2) of the African Charter on Human and Peoples’ Rights and nullifies the court’s extraterritorial jurisdiction.
Citing the Supreme Court’s decision in FRN v. Kanu (SC/CR/1361/2022), he argued that lower courts are bound to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011, adding that failure to do so renders all proceedings void.
Mazi Nnamdi Kanu further argued that any statute or judicial conduct that conflicts with the Constitution is null and void under Sections 1(3) and 36(12) of the Constitution. He referenced earlier court rulings that invalidated convictions based on nonexistent legislation, such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113.
Nnamdi Kanu asked the court to order the prosecution to reply to his application solely on legal grounds within three days and to render a decision by November 4, 2025, at the latest.
Join our WhatsApp community
He claimed that since his application simply raises legal and constitutional issues based on current legislation, an affidavit is not necessary.
Join Our Social Media Channels:
WhatsApp: NaijaEyes
Facebook: NaijaEyes
Twitter: NaijaEyes
Instagram: NaijaEyes
TikTok: NaijaEyes
