The detained leader of the Indigenous People of Biafra has filed a new motion before the Federal High Court in Abuja seeking the dismissal of all charges against him. Nnamdi Kanu argues the prosecution’s case relies on laws that have been repealed and are no longer valid under the Nigerian legal system.
In a motion dated October 30, Kanu contends that the charges are a nullity because they reference the Customs and Excise Management Act and the Terrorism Prevention Act of 2013, both of which have been superseded by newer legislation. He maintains that trying him under non existent laws violates Section 36 of the Nigerian Constitution, which prohibits trials for offenses not defined under existing law.
Kanu, who is representing himself, also challenged the court’s jurisdiction. He argued that some alleged acts cited in the charges occurred in Kenya, and that under the Terrorism Prevention and Prohibition Act of 2022, such extraterritorial claims require validation by a Kenyan court before proceeding in Nigeria.
Citing several Supreme Court precedents, including the case of FRN versus Kanu from 2022, the IPOB leader urged the court to strike out all charges entirely. He requested the prosecution to respond within three days and asked for a ruling by November 4, stating his motion raises purely constitutional questions that require no affidavit evidence.
The court’s decision on this motion could significantly impact one of Nigeria’s most prominent and prolonged legal cases.
Source: newsghana.com.gh
