Nnamdi Kanu Seeks Dismissal of Terrorism Charges, Citing Repealed Laws and Rights Violations

Reported by: Ijeoma G | Edited by: Henry Owen

Abuja – Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has asked the Federal High Court in Abuja to dismiss all terrorism charges against him and permanently halt his prosecution.

In a written address supporting a preliminary objection, Kanu argued that his trial is unconstitutional, claiming it is based on a repealed law and an allegedly invalid proscription order.

“His trial is unconstitutional because it is based on a repealed law and an allegedly invalid proscription order,” Kanu stated.

The IPOB leader also contended that his prosecution violates the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and binding appellate court decisions.

Through his legal team, Kanu is seeking seven major declarations from the court, including a ruling that his prosecution under the now-defunct Terrorism (Prevention) Amendment Act 2013 and the 2017 ex parte order proscribing IPOB is unlawful, null, and void.

Kanu further accused the Department of State Services (DSS) of violating his right to a fair hearing, alleging that his meetings with lawyers were monitored, legal documents seized, and confidential communication with counsel denied.

He emphasized that the Terrorism (Prevention and Prohibition) Act 2022, which repealed the 2011 and 2013 laws, renders all terrorism charges under the old statutes legally unenforceable.

“Permitting the trial under repealed legislation would render legislative repeal meaningless and undermine constitutional supremacy,” Kanu warned.

Citing Section 98(3) of the 2022 Act and Section 122(2)(a) of the Evidence Act, he urged the court to take judicial notice of repealed laws. He also noted that another count under the Customs and Excise Management Act is invalid, as it was replaced by the Nigerian Customs Service Act 2023.

Describing the ongoing prosecution as a violation of the rule of law, Kanu asked the court to strike out or permanently stay all charges, stressing that continuing the trial under repealed laws would undermine legislative authority and the principle of constitutional supremacy.

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