The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a new motion at the Federal High Court in Abuja, asking that all charges against him be struck out and that he be released immediately.
In the motion dated 30 October, Kanu argued that the charges brought against him are invalid because they are based on repealed and non-existent laws. He described the case as “a nullity from the start,” saying it has no legal foundation under Nigerian law.
Kanu, who is representing himself, cited several constitutional provisions, including Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, as well as the Terrorism (Prevention and Prohibition) Act 2022.
He claimed that the prosecution relied on outdated laws such as the Customs and Excise Management Act (CEMA) replaced by the Nigeria Customs Service Act 2023 and the Terrorism Prevention (Amendment) Act 2013, which has also been repealed.
Kanu said using such repealed laws violates the Nigerian Constitution, which forbids prosecution for an offence not defined under an existing law. He also argued that the alleged offences occurred in Kenya, and therefore Nigeria’s courts lack jurisdiction without prior validation from Kenyan authorities, as required by the Terrorism Act.
Quoting previous court rulings, including FRN v. Ifegwu (2003) and Aoko v. Fagbemi (1961), Kanu said convictions based on invalid laws cannot stand.
He asked the court to rule on the motion by 4 November and has requested that the prosecution respond strictly on points of law within three days.
Kanu has been in detention since 2021, facing charges related to treasonable felony and terrorism, which he denies.