Detained Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu, has sought the Federal High Court in Abuja to dismiss all terrorism charges against him and permanently halt his ongoing trial.
In a written submission supporting a preliminary objection, Kanu’s legal team argued that his prosecution is unconstitutional, contending that it relies on repealed legislation and an allegedly invalid proscription order.
The defence claims the case breaches both the Nigerian Constitution and the African Charter on Human and Peoples’ Rights, as well as binding appellate court rulings.
Kanu is seeking seven key declarations, including a determination that his prosecution under the now-defunct Terrorism (Prevention) (Amendment) Act 2013, and an ex parte order proscribing IPOB in 2017, is "unlawful, null, and void."
He further accused the Department of State Services (DSS) of infringing his right to a fair hearing, alleging that security operatives monitored meetings with his lawyers, seized legal documents, and denied him confidential communication with counsel.
The IPOB leader stated that the enactment of the Terrorism (Prevention and Prohibition) Act 2022, which repealed the 2011 and 2013 laws, rendered charges under the old statutes legally unenforceable.
He cited Section 98(3) of the 2022 Act and Section 122(2)(a) of the Evidence Act, which compel courts to take judicial notice of repealed laws.
Kanu also challenged another count of his trial brought under the Customs and Excise Management Act, arguing that it is invalid since the Act was replaced by the Nigerian Customs Service Act 2023.
Describing the ongoing prosecution as a violation of the rule of law, Kanu urged the court to strike out or permanently stay all charges, warning that allowing the trial to proceed under repealed legislation would render legislative repeal meaningless and undermine constitutional supremacy.
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