Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects - Politics - Nairaland
Nairaland Forum › Nairaland General › Politics › Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects (62341 Views)
| Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by Metrix147(op): 9:28pm On Oct 23, 2025 |
The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a new oral brief before the Federal High Court, Abuja, asking the court to terminate the terrorism proceedings against him because the case is “void ab initio” due to four fundamental legal defects. https://www.youtube.com/watch?v=2cDxTLyYSe8 In the filing titled “Brief of Oral Argument on Vitiating Defects” in suit FHC/ABJ/CR/383/2015, Kanu, who is representing himself, argued that the defects strike at the jurisdiction of the court and therefore render the entire trial incompetent. Kanu contended that the Federal Government remains in contempt of a subsisting judgment of the Court of Appeal, which had discharged and acquitted him in 2022. He maintained that by the doctrine of appellate finality, the lower court lost jurisdiction the moment the appellate judgment was delivered, and that no fresh trial could proceed until the Supreme Court set the decision aside. “A contemnor cannot seek relief from a court while in continuing disobedience,” Kanu argued, citing Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621. The IPOB leader further claimed that the court has failed to take judicial notice of the repeal of the statute under which he is being tried. Referring to Section 122(1) of the Evidence Act 2011, he said a court must, suo motu, acknowledge any change or repeal in legislation. “Proceedings conducted in ignorance of a statutory repeal are void ab initio,” Kanu argued, citing NNPC v. Fawehinmi (1998) 7 NWLR (Pt. 559) 598 (CA). Kanu also alleged a breach of his right to a fair hearing under Section 36(6) of the 1999 Constitution and the African Charter on Human and Peoples’ Rights. He told the court that after nearly five years in detention, he was granted only three hours of monitored consultation with his lawyers inside the courtroom on the eve of opening his defence in a capital case. “That is not fair, hearing it is judicial perversity,” Kanu said, citing several Supreme Court authorities to support his claim. The defendant further alleged that the court’s earlier ruling declaring him fit to stand trial was based on a forged medical report. According to him, the report was dated 23 September 2025, even though the court’s order for medical evaluation was issued on 26 September 2025, suggesting that no genuine examination ever took place. “Reliance on that fraudulent document vitiates the ruling. Fraus omnia corrumpit fraud destroys everything,” he submitted. Summarizing his argument, Kanu said the four issues, contempt of appellate authority, failure to take judicial notice, denial of fair hearing, and reliance on forgery strip the court of jurisdiction as laid out in the landmark case Madukolu v. Nkemdilim (1962) 2 SCNLR 341. Source: https://abntv.com.ng/news/nnamdi-kanu-files-fresh-motion-says-his-trial-is-void-due-to-four-jurisdictional-defects/ Cc; lalasticlala, Mynd44, Seun, OAM4J
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| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by ERockson: 9:32pm On Oct 23, 2025 |
Kanu is receiving advice from mad men |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by Flangelo12: 9:41pm On Oct 23, 2025 |
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| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by jlinkd78(m): 9:41pm On Oct 23, 2025 |
Nnamdi Kalu appears to really be very intelligent Am sure d world will be shocked by d revelations that Nnamdi Kalu will be making with this self defense opportunity |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by aribisala0(m): 9:45pm On Oct 23, 2025 |
jlinkd78:ManyIboesthinkheisagenius |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by Shawarmagirl: 9:58pm On Oct 23, 2025 |
If Nigeria is a sane country, sensible citizens including the Judge should know that NK cannot be tried. Nigeria is a banana 🍌 republic where the rule of law is use.less Sentiment and tribalism aside, Nigeria government have no case with NK. |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by Godjone(m): 11:19pm On Oct 23, 2025 |
What a brilliant fellow. He sound more outspoken than his lawyers and to me he will do well. Go well MNK we from the middle belt are sending our prayers. The people wishing you death will all die before the end of this case |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by sreamsense: 11:52pm On Oct 23, 2025 |
jlinkd78:Very brilliant and intelligent based on ipob/ESN rating tht leave with wild animals in the bushes competing with carnivorous animals cannibalizing their victims. But by the standard of sane human beings in Nigeria, he remains the dullest in the history of Nigeria that carried out Buhari cloning test using left and right ears that ended up to be scam. Offcourse the world will be shock when the judge throw him in the prison and throw away his prison room key into Buhari cow farm angrily without looking at where it will land. The coward lawyers teaching him all those tricks at the background because they are only gambling with his case as they know no SAN can win that case for him. Due to that reason, they turn him to comedians |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by rayvelez(m): 12:11am On Oct 24, 2025 |
Very interested on this case let’s see how it play out |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by truthera: 12:34am On Oct 24, 2025*. Modified: 4:54am On Oct 24, 2025 |
I will say it again that Nnamdi Kanu will disgrace and destroy Nigerian government completely before the end of this trial. It is better for the government to humble itself and free him. They have no case, he will defeat them in court. |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by LagosOrigin: 12:51am On Oct 24, 2025 |
Very intelligent and brave guy This is what being a "Man" should be all about. |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by Switruth: 12:52am On Oct 24, 2025 |
See as one person dey teach the entire country's judicial system their own law... His witnesses no dey shout again. |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by Smartcitizen: 1:23am On Oct 24, 2025 |
ERockson:Base on your conclusion, I'm in doubt if you are not mad or possibly you like the capacity to comprehend the message. 🤣🤣🤣🤣🤣 |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by IGBOSON1: 1:51am On Oct 24, 2025 |
jlinkd78:Not 'appears to be'....the guy IS very intelligent! Had we been in a country that values cerebral capacity and intellectual sagacity over verbose semi-illiterates, agberos and motor-park touts elevated to positions of national importance, the likes of Mazi Kanu could have been an asset! |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by IGBOSON1: 1:54am On Oct 24, 2025 |
Godjone:Thanks for the kind words and standing in solidarity with the Igbo! |
| Re: Kanu Files Fresh Motion, Says His Trial Is Void Due To 4 Jurisdictional Defects by WizardOfNG: 3:35am On Oct 24, 2025 |
jlinkd78:Can he not read and write? Why is it then difficult for him to make what can appear a cohesive argument? Yet, and ultimately, how is his argument proof of intelligence when such may simply be brushed aside by the superior argument of the prosecution? Is this not how Obi was sounding intelligent also till he went and disgraced himself at the election petition tribunal? |
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