₦airaland Forum

Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a motion asking the Supreme Court to set aside its December 15, 2023, judgment which remitted his trial back to the Federal High Court.

The apex court had, in the verdict in suit number SC/CR/1361/2022, remitted Kanu’s terrorism trial to the Federal High Court for continued prosecution after the Court of Appeal acquitted the agitator in a judgment delivered on October 13, 2022.

However, in a motion filed on November 6, 2025, Kanu is asking the Supreme Court to set aside the December 15, 2023, judgment for want of jurisdiction.

The IPOB leader also argued that the judgment was predicated on statutes that had ceased to exist in law. The motion, brought pursuant to Section 6(6)(A) of the Constitution, is between Kanu, respondent/applicant appearing in person, and the Federal Government of Nigeria, appellant/respondent.

Among the reliefs sought in the motion is an order extending the time within which the applicant (Kanu) may seek leave to apply for an order for review of the December 15, 2023, judgment. Kanu also asked the Supreme Court to grant him leave to apply for an order reviewing the said December 15, 2023, judgment, as well as an order extending the time within which he may file the application for review of the judgment.

Stating the grounds for the application, Kanu explained in the motion that by reason of his detention in the custody of the Department of State Services (DSS) and the previous external conduct of his defence, he was not able to review the December 15, 2023, judgment until he recently took charge of his case.

According to him, he obtained the complete case file of his prosecution on October 26, 2025.

“Upon a meticulous examination of the record, the applicant discovered, with profound juridical concern, that the judgment of this Honourable Court of 15 December 2023 was delivered per incuriam, having been predicated on statutes which, at the material time, had ceased to exist in law.

The decision, though solemn in pronouncement, was therefore made sub silentio of the extant Terrorism (Prevention and Prohibition) Act 2022 and stands in patent violation of Section 36(12) of the Constitution and Section 122 of the Evidence Act 2011,” he added. Kanu explained that upon this discovery, he immediately filed an application for enlargement of time to file a motion to set aside the judgment.

He noted that the interlude between the December 15, 2023, judgment and the instant application was not due to his own making.

“The complaint now raised touches the very root of jurisdiction, a domain to which time and technicality pay no homage. The equitable discretion of this Honourable Court is therefore humbly invited to extend the time ex debito justitiae, for the correction of a manifest nullity and the restoration of constitutional order,” the motion stated.

In an affidavit in support of the motion, Kanu’s younger brother, Prince Emmanuel Kanu, noted that since the delivery of the December 15, 2023, Supreme Court judgment, the IPOB leader had remained in detention under conditions that restricted his access to counsel, case materials, and the certified record of proceedings. Prince Emmanuel added that on or about October 21, 2025, Kanu resolved to assume control of his case in order to ensure a thorough personal review and pursue appropriate redress where necessary.

He added that a denial of the motion for additional time to file an application to set aside the December 15, 2023, judgment would “perpetuate a palpable miscarriage of justice and an enduring stain upon judicial regularity.”

In a supporting affidavit submitted by the youger brother of the IPOB leader, Prince Emmanuel Kanu , the detained Kanu urged the Supreme Court to grant the prayers sought by the IPOB leader.

He said upon taking over his case personally in October 2025, Kanu discovered that the statutes upon which the Supreme Court issued its ruling had been repealed and displaced by subsequent enactment at the time material to the appeal.
He is therefore seeking a fresh motion to set aside the said judgment.

Justice James Omotosho of the Abuja Federal High Court has fixed November 20, 2025, to deliver judgment in Kanu’s trial. DAILY POST reports that shortly after Justice Omotosho set the date for judgment in the terrorism trial, Kanu declared that he cannot be convicted under a non- existent law.

Kanu and his defence team have been arguing that the Terrorism Prevention Amendment Act 2013, under which he was charged, had been repealed by the Terrorism (Prevention and Prohibition) Act 2022. Also, the Indigenous People of Biafra (IPOB) had denied reports that Kanu forfeited his right to defence in the ongoing terrorism trial.

In a statement released and signed by its spokesperson, Emma Powerful, IPOB said reports that Kanu waived his right to defence were false and misleading. According to the group, the reports do not reflect the actual proceedings in court.

It maintained that Kanu did not abandon his right to defend himself but instead has continued to insist on a fair and lawful trial.

“Let the truth be clear: Mazi Nnamdi Kanu has not forfeited anything. What is happening in court has raised serious legal questions that need to be addressed within the limits of the law,” IPOB said in the statement.

IPOB reaffirmed its support for Kanu’s position in court and appealed for calm among its members and the general public. The group emphasized that the matter should be resolved in accordance with constitutional provisions and established legal standards.

Salewa97:
Nnamdi Kanu's motion is just like a drowning man grabbing a straw. It won't work

Putindbutt:
We can now finally agree that this Kuje lord is a big clown, even his mobs will even agree more.
So this clown wants the Supreme Court to reverse itself and dismiss the ongoing trial at the federal court?, holy sh!t, this modafocka must be high on some Agulu weed
First of all, I thought this guy wrote a letter to Trump recently asking him to send US special marines to come rescue him in DSS custody as he is being persecuted and illegally detained for being a Judeo-Christian, so why is he now asking the Supreme Court to dismiss your terrorism trial?. Is that Trump no dey look your side or wetin?. That's why we often say that these guys too dey f.oo.l themselves.
Unfortunately for you, it's too late, in 10 days, the hammer will land heavily on you and that Fendi cloth you're wearing will be replaced with Kuje uniform.

DomPerignon:
Justice Omotosho gave him ample time to include what he is now asking from the Supreme court to be part of his defense and told him that he either does this or include it as part of his post conviction appeal.

Why can't he present what he claims are repealed laws as reason why his trial should be discontinued ?

Obviously, be asking the Supreme Court to reverse itself, Kanu is looking for how to postpone judgement day that is slated for the 20th of this month. In short, this is another time delay tactics which the Supreme Court will throw away and ask him to return to Justice Omotosho's court and conclude his case and present a formal appeal process after judgement.

Kalashnikov49:
Court of Appeal acquitted the agitator in a judgment delivered on October 13, 2022

CRY BLOOD

‘File now released’ “Today, the Supreme Court released the certified true copies of its judgment in Federal Republic of Nigeria versus Nnamdi Kanu, sooner than later, we shall lock horns at the Federal High Court to free Mazi Nnamdi Kanu.

DomPerignon:
That's a big fat lie.

No court has acquitted KANU of his ongoing terrorism case.

The Appeal court only ruled on the legality of his extraordinary rendition and said it contravened both Nigerian and international law and ordered the FG to return KANU to Kenya and begin the process of rendition within legal means.

The Supreme Court set aside the Appeal court verdict on the grounds that KANU was already sanding trial for serious crimes of national importance and ruled that KANU was first a fugitive at large and that the extraordinary rendition even though an illegality if both Nigerian and international law did not hold because KANU had lost his protection of the court after jumping bail from where he continued his terrorism activities.

DomPerignon:
That's a big fat lie.

No court has acquitted KANU of his ongoing terrorism case.

The Appeal court only ruled on the legality of his extraordinary rendition and said it contravened both Nigerian and international law and ordered the FG to return KANU to Kenya and begin the process of rendition within legal means.

The Supreme Court set aside the Appeal court verdict on the grounds that KANU was already sanding trial for serious crimes of national importance and ruled that KANU was first a fugitive at large and that the extraordinary rendition even though an illegality if both Nigerian and international law did not hold because KANU had lost his protection of the court after jumping bail from where he continued his terrorism activities.

TimeManager:
Kanu and his team are not being honest with themselves saying they had no access to the case fike until recently. This is only an attempt to deceive the uninformed. Kanu's team have had access to every court documents and charges both original and amended filed against him. This was Kanu's lawyer admitting they've seen the copies of the judgement of the Supreme Court and we're ready to face the trial at the Federal high court. Why have they been trying everything to frustrate the proceedings of the court they claimed they were prepared for?, trying to change the goal post in the middle of the game.

After the Supreme Court had given its judgement on December 15, 2023, the copies of the judgement were released on January 23, 2024 and transferred to the federal high court.

Aloy Ejimakor, special counsel to the IPOB leader, announced this in a post on his X handle on Monday.


-Kiss the truth!

DomPerignon:
That's a big fat lie.

No court has acquitted KANU of his ongoing terrorism case.

The Appeal court only ruled on the legality of his extraordinary rendition and said it contravened both Nigerian and international law and ordered the FG to return KANU to Kenya and begin the process of rendition within legal means.

The Supreme Court set aside the Appeal court verdict on the grounds that KANU was already sanding trial for serious crimes of national importance and ruled that KANU was first a fugitive at large and that the extraordinary rendition even though an illegality if both Nigerian and international law did not hold because KANU had lost his protection of the court after jumping bail from where he continued his terrorism activities.

odejimioflagos:
Nnamdi Kanu is a terrorist and should be treated as such. His antics and legal gymnastics will not change the fact that he is facing charges for terrorism.

The FG should just keep doing its job and let the judiciary handle this matter accordingly.