By Deborah Nnamdi
Detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has asked the Federal High Court in Abuja to dismiss all terrorism-related charges against him and permanently halt his ongoing prosecution.
In a written address supporting his preliminary objection, Kanu argued that his trial is unconstitutional, claiming it is based on repealed legislation and an invalid proscription order. He contended that the case violates the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and several binding appellate court decisions.
Through his legal team, the IPOB leader is seeking seven declarations, including a ruling that his prosecution under the defunct Terrorism (Prevention) Amendment Act 2013 and the ex parte order proscribing IPOB in 2017 are unlawful, null, and void.
Kanu also accused the Department of State Services (DSS) of violating his right to a fair hearing by allegedly monitoring his meetings with lawyers, confiscating legal documents, and denying him private communication with his counsel.
He maintained that the enactment of the Terrorism (Prevention and Prohibition) Act 2022, which repealed the earlier 2011 and 2013 laws, rendered all terrorism charges brought under the old statutes legally unenforceable. He cited Section 98(3) of the 2022 Act and Section 122(2)(a) of the Evidence Act, which require courts to take judicial notice of repealed laws.
Kanu further argued that a charge based on the Customs and Excise Management Act is invalid, as the law was replaced by the Nigerian Customs Service Act 2023.
Describing his continued prosecution as a breach of the rule of law, Kanu urged the court to strike out or permanently stay the proceedings. Allowing the case to proceed under repealed laws, he warned, would undermine the authority of the legislature and the supremacy of the Constitution.
