Detained IPOB leader, Nnamdi Kanu, has filed a fresh motion urging the Federal High Court in Abuja to halt its plan to deliver judgment in the terrorism case brought against him by the Federal Government.
Kanu is standing trial on a seven-count charge (FHC/ABJ/CR/383/2015), in which the government accuses him of leading a separatist movement seeking to break away parts of the South-East, South-South, Kogi, and Benue states from Nigeria. He is also accused of inciting violence through broadcasts and illegally importing a radio transmitter.
He has pleaded not guilty.
After the prosecution called five witnesses and closed its case, Kanu had initially listed 23 witnesses he intended to call but later withdrew the list, insisting he would not defend what he called an “invalid charge.”
When he failed to open his defence after being given repeated opportunities, Justice James Omotosho fixed November 20 for judgment.
Kanu’s Fresh Motion
In a new motion filed on November 10 and personally signed, Kanu asked the court to suspend the judgment date.
He argued that:
His trial was conducted under the repealed Terrorism (Prevention) Amendment Act 2013, which he says violates sections of the 1999 Constitution and the African Charter.
The court failed to comply with a Supreme Court finding that one of the charges “does not exist in law.”
The trial court did not take judicial notice of the repeal of the 2013 terrorism law, which he claims invalidates all proceedings.
The Federal High Court lacks jurisdiction under the 2022 Terrorism Act since there is no proof that his alleged offences were crimes under Kenyan law or supported by a valid extradition order.
His plea was taken under a repealed law, making it void and incapable of giving the court jurisdiction.
Kanu, who is now representing himself after dismissing his legal team, said he was misled into entering a plea under a non-existent law.
He asked the court to “arrest judgment” in the interest of justice and set aside all rulings made by Justice Omotosho, arguing that the entire proceedings were unconstitutional.
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Court fixes Nov 20 for judgment in Kanu’s trial for alleged terrorism
Reliefs Sought
Kanu is requesting:
An order stopping the delivery of judgment scheduled for November 20.
A declaration that the court’s failure to acknowledge the repeal of the 2013 terrorism law invalidates all actions taken under it.
Nullification of all rulings and proceedings due to lack of jurisdiction and breach of constitutional provisions.
The motion has been filed under the same suit number currently before Justice Omotosho.
