The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has asked the Federal High Court in Abuja to halt the judgment in his terrorism case scheduled for November 20.
In a new motion filed on November 10 and personally signed by him, Kanu urged Justice James Omotosho to suspend the judgment, arguing that the proceedings were conducted under a repealed and non-existent law.
Kanu, who recently dismissed his legal team led by former Attorney-General of the Federation, Chief Kanu Agabi (SAN), maintained that his ongoing trial violates Supreme Court directives and Section 287(1) of the Constitution.
He contended that his prosecution under the now-repealed Terrorism (Prevention) Amendment Act, 2013, breaches Sections 1(3), 36(1)–(12), and 42 of the 1999 Constitution (as amended), as well as Articles 7 and 26 of the African Charter on Human and Peoples’ Rights.
Kanu further argued that the trial court is constitutionally obligated to enforce the Supreme Court’s finding that Count 15 (now Count 7) “does not exist in law,” adding that failure to do so renders all subsequent proceedings null and void.
He also asserted that the court’s refusal to take judicial notice of the repeal of the 2013 terrorism law, in violation of Section 122 of the Evidence Act, 2011, invalidates all actions taken under that repealed legislation.
Additionally, he argued that under Section 76(1)(a)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022, the Federal High Court lacks the jurisdiction to try him without proof that the alleged offence is recognized under Kenyan law or backed by a valid extradition order from a Kenyan court.
Kanu challenged the plea he purportedly entered on March 29, 2023 (not 2028), insisting it was done under a repealed law and in breach of Section 220 of the Administration of Criminal Justice Act, 2015. He described the plea as void and incapable of conferring jurisdiction on the court.
He also claimed that the use of forged documents during the proceedings amounted to a denial of his right to a fair hearing under Section 36(6) of the Constitution. Consequently, he requested the court to nullify all rulings and proceedings conducted by Justice Omotosho for lack of jurisdiction and breach of constitutional supremacy.
Representing himself after dismissing his lawyers, Kanu said he was misled into pleading under a repealed law, contrary to Section 220 of the ACJA, 2015.
“It is in the interest of justice for this Honourable Court to arrest judgment ex debito justitiae,” he stated.
Among his requests, Kanu sought an order stopping the court from delivering judgment in the case and a declaration that the failure to take judicial notice of the repeal of the 2013 terrorism law, contrary to Section 122 of the Evidence Act, 2011, renders all proceedings under it invalid.
Kanu is currently facing a seven-count charge of terrorism marked FHC/ABJ/CR/383/2015, filed by the Federal Government.
The prosecution accused Kanu, who has been in the custody of the Department of State Services (DSS) since 2021, of leading a separatist movement seeking the secession of the South-East, parts of the South-South, and certain areas in Kogi and Benue States from Nigeria.
He was also accused of instigating violence and killings through broadcasts allegedly aired nationwide and of unlawfully importing a radio transmitter. Kanu pleaded not guilty to all the charges.
After presenting five witnesses, the prosecution closed its case. Kanu, who initially listed 23 witnesses for his defence, later withdrew them, maintaining that he would not defend a charge he described as invalid and based on offences unknown to law.
At the previous hearing, Justice Omotosho fixed a date for judgment after Kanu, despite being granted six opportunities, failed to open his defence.
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