Detained Biafra agitator, Mazi Nnamdi Kanu, has filed a motion at the Court of Appeal in Abuja, seeking to stop the Federal High Court from delivering judgment in the terrorism case instituted against him by the Federal Government.
Justice James Omotosho of the Federal High Court had fixed November 20 for the delivery of judgment in the case, which has been ongoing since 2015.
In the fresh motion on notice, Kanu urged the appellate court to restrain the High Court from proceeding further, arguing that his pending appeal against Justice Omotosho’s earlier ruling must first be determined.
The ruling in question, delivered on September 26, dismissed Kanu’s no-case submission and ordered him to open his defence on the terrorism charges.
Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), contended that the trial court erred in law by refusing to address the issues of jurisdiction and the validity of the charges before dismissing his application.
He argued that the Terrorism Prevention and Prohibition Act under which he is being prosecuted had been repealed, leaving no legal basis for the charges.
He also faulted the judge for failing to evaluate the credibility of prosecution witnesses and for foreclosing his right to defend himself.
According to the motion, Kanu maintained that if the judgment is delivered as scheduled, his appeal would be rendered futile, potentially resulting in what he described as an unlawful conviction.
He further submitted that neither the Federal High Court nor the prosecution would suffer any prejudice if the appellate court grants his application.
In a 13-paragraph affidavit he personally deposed to, Kanu referenced the Supreme Court’s earlier ruling on count seven of the charges, which he claimed was declared invalid, as well as the court’s failure to apply the test required under section 303 of the Administration of Criminal Justice Act (ACJA) 2015.
He insisted that counts one to six were also predicated on a repealed law, and therefore invalid.
The Court of Appeal has yet to fix a date for hearing the motion.
READ ALSO: Kanu Seeks Dismissal of Terrorism Charges, Cites Repealed Laws
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