Detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a motion before the Federal High Court in Abuja seeking to halt the delivery of judgment in his ongoing trial slated for November 20, 2025.
In the motion on notice dated November 10, 2025, Kanu, who appeared in person, urged the court to “arrest the delivery of judgment” in charge number FHC/ABJ/CR/383/2015, arguing that the proceedings were conducted under a repealed law and in violation of a subsisting order of the Supreme Court.
He contended that the trial contravened Section 287(1) of the 1999 Constitution (as amended), which mandates all courts and authorities to comply with decisions of the Supreme Court.
Kanu maintained that the apex court had earlier held that Count 15, now renumbered as Count 7, in his charge “does not exist in law,” but the trial court failed to give effect to that finding.
“By virtue of Section 287(1) of the Constitution, this Honourable Court is constitutionally bound to obey the Supreme Court’s decision that Count 15 (now Count 7) does not exist in law. Failure to comply renders all subsequent proceedings null and void,” Kanu stated in his motion.
He further argued that his trial was conducted under the Terrorism (Prevention) (Amendment) Act 2013, which had been repealed and replaced by the Terrorism (Prevention and Prohibition) Act 2022.
According to him, the court failed to take judicial notice of the repeal as required under Section 122 of the Evidence Act 2011, rendering all actions founded on the repealed law invalid.
“The 2013 Act no longer exists in law. Every proceeding anchored on it stands vitiated,” he argued.
Kanu also raised jurisdictional issues, contending that under Section 76(1)(d)(iii) of the 2022 Act, the Federal High Court lacked jurisdiction to try him without proof that the alleged conduct constituted an offence under Kenyan law or was validated by a Kenyan court order.
“The condition precedent to jurisdiction—proof of double criminality—was never satisfied. The Federal High Court therefore lacked the legal competence to proceed with the trial,” the motion read.
He further claimed that he was misled into pleading to charges framed under a non-existent law, contrary to Section 220 of the Administration of Criminal Justice Act (ACJA) 2015, rendering his plea and all subsequent proceedings void.
“The plea purportedly taken on March 29, 2025, under a repealed and non-existent statute, is void and incapable of conferring jurisdiction,” he stated.
Filed from the custody of the Department of State Services (DSS) in Abuja, the motion seeks to prevent what Kanu described as “an abuse of process and a violation of constitutional supremacy.”
He therefore prayed the court to arrest the delivery of judgment fixed for November 20, 2025; declare that all proceedings conducted under the repealed law are null and void; set aside all orders made by Justice Omotosho for want of jurisdiction; and make any further orders necessary to uphold the Constitution.
The motion was filed against the Federal Republic of Nigeria as the complainant/respondent and is to be served on the Attorney-General of the Federation through his counsel, Chief Adegboyega Awomolo, a Senior Advocate of Nigeria.
“It is in the interest of justice that this Honourable Court arrests judgment ex debito justitiae,” Kanu concluded.
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