Detained IPOB Leader Nnamdi Kanu Files Motion to Strike Out All Charges, Seeks Immediate Release

Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has filed a fresh motion at the Federal High Court in Abuja seeking the dismissal of all charges against him and his immediate release.

The motion, dated October 30, 2025, argues that there is no valid charge under Nigerian law and describes the current prosecution as “a nullity ab initio for want of any extant legal foundation.” Representing himself, Kanu filed the motion under sections of the 1999 Constitution, the Evidence Act 2011, and the Terrorism (Prevention and Prohibition) Act 2022.

Kanu contended that the prosecution is relying on repealed laws, including the Customs and Excise Management Act, replaced by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022. He argued that relying on such laws violates Section 36(12) of the Constitution, which forbids trials for offences not defined under existing law, and urged the court to strike out all charges.

He cited the Supreme Court’s ruling in FRN v. Kanu (SC/CR/1361/2022) to argue that lower courts must take judicial notice of repealed laws under the Evidence Act, warning that failure to so renders proceedings void. Kanu also claimed that some alleged offences occurred in Kenya, and without validation by a Kenyan court, Nigeria lacks extraterritorial jurisdiction, citing Section 76(1)(d)(iii) of the TPPA 2022 and Article 7(2) of the African Charter on Human and Peoples’ Rights.

Kanu further referenced past cases, including Aoko v. Fagbemi (1961) and FRN v. Ifegwu (2003), to assert that convictions under non-existent laws are null and void. He asked the court to require the prosecution to respond strictly on points of law within three days and deliver a ruling by November 4, 2025, emphasizing that his motion raises only constitutional and legal questions that do not need an affidavit.