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 to stop his ongoing terrorism trial.
In the fresh suit, Kanu is asking the court to quash all charges against him and end the case permanently.
He argued that the terrorism counts filed against him were based on a repealed law, making the prosecution illegal.
Through his legal team, Kanu is seeking several declarations and orders from the court. His counsel insists that the entire trial violates the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and previous judgments of appellate courts.
According to the motion, “the Federal High Court’s 2017 order proscribing IPOB, obtained while Justice Binta Nyako’s ruling that ‘IPOB is not an unlawful society’ was still in force, is unlawful and cannot form the basis of criminal liability.”
Kanu also argued that his extraordinary rendition from Kenya to Nigeria without proper extradition proceedings stripped the court of the power to continue trying him.
He maintained that “his prosecution violates his right to a fair hearing and confidential communication with counsel,” citing claims that DSS operatives monitor his meetings with lawyers and seize legal documents.
The IPOB leader further noted that “counts 1–8 of the amended 15-count charge filed in January 2022 constitute double jeopardy,” as they were based on the same facts as earlier counts that had already been struck out by the court.
He stated that the Terrorism (Prevention and Prohibition) Act 2022, which took effect on May 12, 2022, repealed the earlier versions under which he is being tried, making all charges “statutorily dead.”
Kanu said, “From 12 May 2022, the 2011/2013 regime ceased to have legal effect. Consequently, all terrorism counts framed under the repealed 2013 Act are void and incapable of founding any prosecution.”
He also mentioned that one of the charges under the Customs and Excise Management Act (CEMA) is invalid, as the law was repealed by the Nigerian Customs Service Act 2023.
Citing the Court of Appeal judgment of October 13, 2022, which discharged him and barred further trial, Kanu argued that “by reason of his extraordinary rendition, the lower court, or indeed any court in this country, is divested of jurisdiction.”
He reminded the court that despite the appellate discharge order, he remained in custody for days before the Federal Government sought a stay of execution; an action his lawyers described as contempt of court.
Kanu also accused the Department of State Services (DSS) of violating his constitutional rights by allegedly eavesdropping during his meetings with his lawyers and confiscating legal materials meant for his defense.
The IPOB leader urged the court to strike out the entire case, describing the continued trial as “an affront to constitutional supremacy and the rule of law.”
“To permit a trial under repealed enactments would render legislative repeal meaningless and supplant parliamentary authority with executive fiat,” he added.
However, this latest motion is part of ongoing legal battles surrounding Kanu’s detention since June 2021, after his controversial return from Kenya.
