Detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has filed a motion before the Federal High Court in Abuja seeking to stop the court from delivering judgment in his ongoing trial slated for November 20, 2025.
Kanu, in a motion on notice dated November 10, 2025, asked the court to “arrest the delivery of judgment” in charge number FHC/ABJ/CR/383/2015, insisting that the entire proceedings were conducted under a repealed law and in violation of a subsisting Supreme Court order.
He argued that the trial court failed to comply with Section 287(1) of the 1999 Constitution (as amended), which mandates all courts and authorities to give effect to the decisions of the Supreme Court.
According to him, the apex court had earlier held that Count 15 (now Count 7) in his charge “does not exist in law,” a finding he said the Federal High Court ignored.
“By virtue of Section 287(1) of the Constitution, this Honourable Court was constitutionally bound to obey the Supreme Court’s finding that Count 15 (now Count 7) does not exist in law,” the motion stated.
Kanu further argued that the proceedings were conducted pursuant to the Terrorism (Prevention) (Amendment) Act 2013, which he said had been repealed by the Terrorism (Prevention and Prohibition) Act 2022. He said the failure of the trial court to take judicial notice of the repeal, as provided by Section 122 of the Evidence Act 2011, rendered the proceedings a nullity.
“The Terrorism (Prevention) (Amendment) Act 2013 no longer exists in law. Every proceeding founded on it stands vitiated,” he said.
The IPOB leader also challenged the court’s jurisdiction, arguing that under Section 76(1)(d)(iii) of the 2022 Act, the Federal High Court lacked the authority to try him without proof that the alleged offence constitutes a crime under Kenyan law or that there was a valid extradition order from a Kenyan court.
“The Federal High Court therefore lacked the legal competence to proceed with the trial,” the motion read.
Kanu also claimed he was misled into pleading to charges under a non-existent law, contrary to Section 220 of the Administration of Criminal Justice Act (ACJA) 2015, making the plea invalid.
He asked the court to halt the judgment, declare the proceedings null, and set aside all orders issued by Justice Omotosho in the case.
The Federal Republic of Nigeria is listed as the respondent in the motion, which is to be served on the Attorney-General of the Federation through his counsel, Chief Adegboyega Awomolo (SAN).
Kanu insisted that stopping the judgment was necessary “to prevent abuse of process and uphold constitutional supremacy.”
