By Our Correspondent
The detained leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja, asking the court to strike out all terrorism-related charges brought against him by the Federal Government.
In the new application, filed through his legal team in case number FHC/ABJ/CR/383/2015, Kanu is challenging the validity of the ongoing proceedings, describing them as void from the beginning. He argues that the Federal Government’s continued prosecution violates judicial orders and his constitutional rights.
Kanu’s motion cites four major jurisdictional defects which, according to him, make the trial unconstitutional and invalid.
First, he contends that the prosecution is in contempt of an existing judgment of the Court of Appeal, which had earlier discharged and acquitted him. He insists that the doctrine of appellate finality prevents any lower court from revisiting or overturning that decision.
Second, he claims that the court failed to take judicial notice of the repeal of the law under which he is being tried, meaning that the charges are based on a law that no longer exists.
Third, he alleges that his constitutional right to a fair hearing has been violated, citing limited access to his lawyers and restrictions placed on his ability to prepare his defense.
Fourth, Kanu accuses the prosecution of relying on a forged medical report to declare him fit for trial, which he says undermines the credibility of the case.
In his motion, Kanu seeks several declarations and orders, including a pronouncement that the entire prosecution is null and void, and an order striking out or permanently staying counts 1 to 8 (except count 15) of the amended charge dated January 14, 2022.
He also asks the court to decline jurisdiction over the case, arguing that the identified defects go to the root of the matter and cannot be corrected by any amendment.
The Federal Government, through the prosecution, has expressed doubt about the authenticity of the new filing, questioning whether it was genuinely issued by Kanu’s legal representatives.
The case has been marked by several adjournments and controversies. Earlier in October, the court adjourned proceedings after Kanu complained that his former counsel had not handed over key case files to his current defense team, affecting his ability to prepare adequately.
Kanu was first arrested in 2015 and later fled the country after being granted bail. He was re-arrested in 2021 under controversial circumstances, which his lawyers describe as an extraordinary rendition from Kenya — a process they argue violates international law and Nigeria’s extradition procedures.
Legal analysts say Kanu’s latest move could significantly alter the direction of the high-profile trial. If the Federal High Court agrees with his arguments, it could lead to the dismissal or suspension of the charges. However, if the motion is rejected, the trial will continue as scheduled.
The case continues to draw both local and international attention, as it raises sensitive issues of national security, human rights, and the right to self-determination.
A ruling on Kanu’s fresh motion is expected at the court’s next sitting.
