By Vivian Okejeme Abuja
The leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a motion before the Federal High Court in Abuja seeking to halt the delivery of judgment in his ongoing trial scheduled for November 20, 2025.
Kanu to “arrest the delivery of judgment” in charge number
Kanu, had in motion marked FHC/ABJ/CR/383/2015, asked the court to “arrest the delivery of judgement”.
He contended that the proceedings were conducted under a repealed and non-existent law and in violation of a subsisting directive of the Supreme Court.
In the motion on notice dated and filed on November 10, 2025, Kanu argued that the trial court failed to comply with Section 287(1) of the 1999 Constitution (as amended), which mandates all authorities and persons to give effect to decisions of the Supreme Court.
He maintained that the apex court had earlier declared 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,” Kanu stated in his motion.
“The court’s failure to give effect to that directive renders all subsequent proceedings null and void.”
The IPOB leader further contended that the entire proceedings were vitiated because they were conducted under the Terrorism (Prevention) (Amendment) Act 2013, which had been repealed by the Terrorism (Prevention and Prohibition) Act 2022.
He said the court failed to take judicial notice of that repeal as required by Section 122 of the Evidence Act 2011, rendering all actions taken under the repealed law invalid.
“The Terrorism (Prevention) (Amendment) Act 2013 no longer exists in law. Every proceeding founded on it stands vitiated,” Kanu argued.
The motion also raised issues of jurisdiction, arguing that under Section 76(1)(d)(iii) of the 2022 Act, the Federal High Court lacked jurisdiction to try him without proof that the alleged conduct constituted an offence under Kenyan law or was validated by a Kenyan court order.
“The condition precedent to jurisdiction—proof of double criminality—was never satisfied,” the motion read.
“The Federal High Court therefore lacked the legal competence to proceed with the trial.”
Kanu also claimed he was misled to plead to charges under a non-existent law, contrary to Section 220 of the Administration of Criminal Justice Act (ACJA) 2015, making the plea and subsequent proceedings void.
“The plea purportedly taken on March 29, 2025, under a repealed and non-existent statute, is void and incapable of conferring jurisdiction,” he stated.
The motion, filed from the custody of the Department of State Services (DSS) facility in Abuja, seeks the court’s intervention to “prevent abuse of process and secure the ends of justice.”
Kanu therefore prayed the court to “Arrest the delivery of judgment fixed for November 20, 2025;
“Declare that the proceedings conducted under the repealed law are null and void;
“Set aside all orders made by Justice Omotosho in the case for want of jurisdiction; and
“Make any further orders necessary to uphold constitutional supremacy.”
The motion was filed against the Federal Republic of Nigeria as the complainant/respondent and is to be served on the Attorney-General of the Federation through his counsel, Chief Adegboyega Awomolo (SAN).
“It is in the interest of justice for this Honourable Court to arrest judgment ex debito justitiae,” Kanu concluded in his legal argument.
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