Nnamdi Kanu Files Fresh Motion to Dismiss Charges, Demands Immediate Release

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

According to report on Friday, October 31, 2025, the motion—dated October 30, 2025—argues that the charges currently before the court lack legal foundation under existing Nigerian laws.

Kanu, representing himself, filed the application under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution (as amended), as well as relevant provisions of the Evidence Act 2011 and the Terrorism (Prevention and Prohibition) Act 2022.

He contended that the prosecution based its case on repealed laws, including the Customs and Excise Management Act (CEMA)—now replaced by the Nigeria Customs Service Act 2023—and the Terrorism Prevention (Amendment) Act 2013, which has been superseded by the 2022 Act.

According to Kanu, this violates Section 36(12) of the Constitution, which prohibits trying an individual for an offence not defined under an existing law. He cited the Supreme Court’s decision in FRN v. Kanu (SC/CR/1361/2022), noting that lower courts must, under Section 122 of the Evidence Act 2011, take judicial notice of repealed laws.

Kanu further argued that the alleged offences occurred in Kenya, in contravention of Section 76(1)(d)(iii) of the TPPA 2022, which requires authorization from a Kenyan court before such offences can be tried in Nigeria. He added that this also breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.

Citing previous rulings including Aoko v. Fagbemi (1961) and FRN v. Ifegwu (2003), Kanu maintained that any legal action inconsistent with constitutional provisions is void.

He urged the court to compel the prosecution to respond within three days and to deliver a ruling on the motion by November 4, 2025.