Nnamdi Kanu Seeks Dismissal of All Charges, Calls for Immediate Release
The detained IPOB leader, Mazi Nnamdi Kanu, has filed a fresh motion at the Federal High Court in Abuja, requesting the dismissal of all charges against him and his immediate release. Dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that the current charges have no legal foundation, describing them as “a nullity ab initio for want of any extant legal foundation.” Representing himself, Kanu cited 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 to support his application. He contended that the prosecution relies on repealed or non-existent laws, such as the Customs and Excise Management Act (CEMA), repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022. According to Kanu, using these outdated laws violates Section 36(12) of the Constitution, which bars trials for offences not defined under current law. Kanu also argued that the alleged offences were committed in Kenya, citing Section 76(1)(d)(iii) of the TPPA 2022, which requires validation by a Kenyan court for acts committed abroad. He said the lack of such validation invalidates the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights. Citing precedents including FRN v. Kanu (SC/CR/1361/2022), Aoko v. Fagbemi (1961) 1 All NLR 400, and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, Kanu maintained that any law or judicial act inconsistent with the Constitution is void, and lower courts must take judicial notice of repealed laws. He urged the court to direct the prosecution to respond strictly on points of law within three days and requested a ruling on or before November 4, 2025. Kanu emphasized that his motion raises only constitutional and legal questions, making an affidavit unnecessary.
