Reported by: Oahimire Omone Precious | Edited by: Henry Owen
The leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has personally filed a fresh application before the Court of Appeal in Abuja, seeking to halt further proceedings in his ongoing terrorism trial before Justice James Omotosho of the Federal High Court.
The move, filed and signed by Kanu himself acting as Appellant in person, could potentially delay or suspend the November 20, 2025 date already fixed for the delivery of judgment in his case against the Federal Republic of Nigeria.
In the application, titled “Motion on Notice Brought Pursuant to Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended)”, Kanu invoked his constitutional right to fair hearing and the inherent jurisdiction of the Court of Appeal to stop what he describes as an “unfair and unconstitutional trial.”
According to the documents filed, Kanu prayed the appellate court to “stay further proceedings in Case No. FHC/ABJ/CR/383/2015: Federal Republic of Nigeria vs. Nnamdi Kanu” pending the hearing and determination of his appeal.
He based his application on several grounds, chief among them being that the trial court refused to rule on key jurisdictional objections, which, according to him, questions the very authority of the court to continue hearing the case.
Kanu also alleged that the trial court failed to evaluate the evidence of prosecution witnesses and prevented him from calling his own defence witnesses, despite having submitted their names. The court, he said, ruled that his objections and witness list would only be addressed during judgment — a decision he described as prejudicial to his right to defend himself.
In his motion, Kanu warned that if the application is not granted, he risks being “unlawfully convicted without being afforded the opportunity to know the validity of the charges or defend them.” He further argued that proceeding to judgment could stifle his right of appeal and render any future appellate decision meaningless.
The application also noted that halting the proceedings would not prejudice the prosecution or the court, given that the case has dragged on since 2015, nearly ten years.
Legal experts say that while filing such an application after a judgment date has been fixed is unusual, it is legally possible under Nigerian law — especially when issues of jurisdiction or violation of fair hearing are raised.
The Court of Appeal, by virtue of its inherent powers, can intervene if it believes that continuing with the lower court’s process would breach the defendant’s constitutional rights. Section 36 (1) of the 1999 Constitution guarantees every citizen the right to a fair hearing before an impartial tribunal.
If the appellate court finds merit in Kanu’s claims, it may issue an order staying the trial court’s judgment, effectively stopping Justice Omotosho from delivering the ruling scheduled for November 20. However, if the appeal court sees no sufficient grounds, the Federal High Court will be free to proceed with its judgment as planned.
Nigeria’s appellate courts have occasionally granted similar requests in politically sensitive or rights-related cases. For instance, in FRN vs. Dasuki and Metuh vs. FRN, courts issued stays of proceedings where defendants claimed breaches of their constitutional rights or questioned the validity of the trial process.
Kanu’s latest legal move adds another twist to his long-running case, which has spanned a decade and multiple courts.
His success now depends on whether the Court of Appeal agrees that allowing the trial court to deliver judgment could amount to a violation of his right to fair hearing or make his pending appeal meaningless.
If granted, the decision could pause one of Nigeria’s most closely watched trials; if rejected, Justice Omotosho’s Federal High Court will go ahead to deliver judgment on November 20, 2025.
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