The detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, seeking the dismissal of all charges against him and his immediate release.
In the motion dated October 30, 2025, and titled Motion on Notice and Written Address in Support, Kanu argued that there is no valid charge against him under any existing law in Nigeria, further saying that the the charges currently before the court are a nullity ab initio for want of any extant legal foundation.
The IPOB leader, who is representing himself, filed the motion under Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, the Evidence Act 2011, and the Terrorism (Prevention and Prohibition) Act 2022, maintaining that the prosecution relied on repealed and non-existent laws, including the Customs and Excise Management Act (CEMA), which was repealed by the Nigeria Customs Service Act 2023, and, the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022.
He further maintained that under Sections 1(3) and 36(12) of the Constitution, any law or judicial act inconsistent with the Constitution is void, cit previous court decisions such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, where convictions based on non-existent laws were nullified.
Kano urged the court to direct the prosecution to respond to his motion strictly on points of law within three days and to deliver a ruling on or before November 4, 2025, stating that his application raises only constitutional and legal questions derived from existing laws and therefore does not require an affidavit.
