The detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has asked a Federal High Court in Abuja to order his immediate release, insisting that the terrorism charges against him are null and void.
Kanu, who appeared in person before Justice James Omotosho on Tuesday, argued that the law under which he is being tried—the Terrorism (Prevention) (Amendment) Act 2013—had been repealed by the Terrorism (Prevention and Prohibition) Act 2022. He maintained that without a valid law, the seven-count terrorism charge against him lacks legal backing.
“You cannot ask me to begin my defence when you have not stated the law under which I am being charged,” Kanu told the court. “The records of this court show there is no law backing these charges. I request to be released.”
Kanu, who is representing himself after disengaging his legal team, cited the Supreme Court decision in Madukolu v. Nkemdilim (1962) 2 SCNLR 341, stressing that a court can only try a case if it has jurisdiction under a valid law.
He also referenced Section 36(12) of the 1999 Constitution (as amended), which guarantees that a person cannot be convicted unless the offence and penalty are defined in a written law. “There is no valid law prescribing my alleged offence. Therefore, there is no valid charge,” Kanu said.
Kanu further questioned the court’s jurisdiction over acts allegedly committed abroad, pointing to Section 76(1)(d)(iii) of the 2022 Act. He said the prosecution had not produced evidence from Kenya to show that his actions there were criminal, stressing that his rendition from Kenya in June 2021 was unlawful.
Responding, the Federal Government’s lead counsel, Chief Adegboyega Awomolo (SAN), dismissed Kanu’s arguments, calling his filings legally incompetent and accusing him of using “technical antics” to delay the trial.
Justice Omotosho, however, ruled that Kanu’s submissions would be taken into account and gave him the opportunity to consult a legal practitioner. The judge directed Kanu to open his defence on November 7 or risk losing the right to do so.
Undeterred, Kanu maintained that he cannot be convicted under a repealed law, insisting that forcing him to enter a defence would violate the Constitution.
The court adjourned the case till Wednesday, November 5, for continuation of proceedings.
