Nnamdi Kanu moves to stop court from ruling on terrorism charges
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By Ikechukwu Nnochiri
The detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has asked the Federal High Court in Abuja not to go ahead with its plan to deliver judgment on the terrorism charge the Federal Government preferred against him.
Kanu, in a fresh motion he personally signed, prayed the court to shelve the November 20 date it had earlier fixed for the judgment.
Specifically, he applied for: “An order arresting the delivery of judgment in Charge No: FHC/ABJ/CR/383/2015, scheduled for the 20th day of November 2025, on the ground that the proceedings were conducted under a repealed and non-existent statute and in disobedience to the Supreme Court’s directive contrary to Section 287(1) CFRN 1999.
“A declaration that by virtue of Section 287(1) CFRN, the trial court was constitutionally bound to give effect to the Supreme Court’s finding that Count 15 (now Count 7) ‘does not exist in law,’ and the failure renders all subsequent proceedings null and void.
“A declaration that the Court’s failure to take judicial notice of the repeal of the 2013 Terrorism Act, contrary to Section 122 Evidence Act 2011, vitiates all steps taken thereunder.
“A declaration that by virtue of Section 76(1)(a)(ill) of the Terrorism (Prevention and Prohibition) Act 2022, the Federal High Court lacked jurisdiction to try the Defendant in the absence of proof that the alleged conduct constituted an offence under Kenyan law or of any Kenyan judicial validation or extradition order.
“A declaration that the plea purportedly taken on 29 March 2028 under a repealed and non-existent statute and in violation of Section 220 ACJA 2015, is void and incapable of conferring jurisdiction.
“That forged materials amount to constructive denial of fair hearing under Section 36(6) CFRN. “
As well as: “An order setting aside all proceedings and orders made by Hon. Justice Omotosho in Charge No. FEC/ABJ/CR/383/2015, for want of jurisdiction and violation of constitutional supremacy.”
On grounds for the motion, the IPOB leader, who is defending himself after disengaging his team of lawyers, insisted that he was misled into pleading under a non-existent law, contrary to Section 220 of the Administration of Criminal Justice Act, 2015.
“That it is in the interest of justice for this Honourable Court to arrest judgment ex debito justitiae,” the IPOB leader added.
Meanwhile, there were indications that Kanu would push for the motion to be heard before the judgment date already fixed by the court.
It will be recalled that trial Justice James Omotosho had on November 7, okayed the matter for judgment after the court foreclosed Kanu’s defence following the expiration of the six days allotted for him to do so.
FG had, among other things, alleged that the defendant, who has been in custody of the Department of Services, DSS, since 2021, led a separatist movement that called for the secession of the South East, parts of the South South, as well as communities in Kogi and Benue states, from Nigeria.
Aside from the accusation that he incited violence and killings through broadcasts that were heard in various parts of the country, FG alleged that he illegally imported a radio transmitter.
Kanu pleaded not guilty to the charge, even as the prosecution closed its case with the evidence of five witnesses who testified before the court.
Even though Kanu had initially named several individuals that included serving Governors, Ministers, ex-Governors and Security Chiefs, among 23 persons he intended to summon as witnesses, he later made a volte face, insisting he would not defend an invalid charge he said contained offences not known to the law.
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