Nnamdi Kanu Files Motion to Set Aside Supreme Court Judgment, Cites Repealed Laws and Lack of Jurisdiction
IPOB Leader Challenges Apex Court’s December 2023 Ruling
Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a motion before the Supreme Court of Nigeria seeking to set aside its December 15, 2023, judgment that remitted his terrorism trial back to the Federal High Court, Abuja.
In the motion dated November 6, 2025, and obtained by Akahi News, Kanu is urging the apex court to nullify the ruling on the grounds of want of jurisdiction and reliance on “statutes that had ceased to exist in law” at the time of judgment.
The December 2023 decision (Suit No. SC/CR/1361/2022) had overturned the earlier Court of Appeal judgment that acquitted Kanu of all terrorism-related charges and ordered his continued prosecution by the Federal Government.
However, Kanu — appearing in person as the respondent/applicant — insists that the Supreme Court’s ruling was delivered per incuriam (in error) and should therefore be reviewed in the interest of justice.
Kanu: “Judgment Based on Non-Existent Law”
In his motion brought pursuant to Section 6(6)(A) of the 1999 Constitution (as amended), Kanu asked for:
- An order extending the time within which he may seek leave to apply for a review of the December 15, 2023, judgment.
- Leave to apply for an order setting aside the said judgment.
- An order extending the time within which he may file his review application.
Akahi News gathered that Kanu’s key argument is that the 2023 judgment was predicated on provisions of the Terrorism Prevention Amendment Act 2013, which, at the material time, had already been repealed and replaced by the Terrorism (Prevention and Prohibition) Act 2022.
In his affidavit, Kanu stated that upon obtaining his full case file on October 26, 2025, he discovered what he described as “profound juridical errors” in the Supreme Court’s reasoning.
“Upon a meticulous examination of the record, the applicant discovered 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,” Kanu said.
He further argued that the decision “stands in patent violation” of Section 36(12) of the Constitution and Section 122 of the Evidence Act, 2011, contending that his prosecution cannot stand under a repealed law.
Motion Supported by Affidavit from Kanu’s Brother
In a supporting affidavit, Kanu’s younger brother, Prince Emmanuel Kanu, explained that the IPOB leader had been unable to personally review or respond to the Supreme Court judgment earlier due to restrictions placed on him while in the custody of the Department of State Services (DSS).
According to the affidavit, since his detention, Kanu’s access to his legal team and certified court documents had been severely limited. However, upon deciding to personally handle his case in October 2025, he identified critical discrepancies that warranted a motion for review.
Prince Emmanuel stated that denying the request for an extension of time “would perpetuate a palpable miscarriage of justice and an enduring stain upon judicial regularity.”
Akahi News gathered that Kanu’s fresh application seeks to reopen a constitutional question: whether an individual can be tried or convicted under a law that no longer exists at the time of prosecution.
Kanu: “I Cannot Be Convicted Under a Non-Existent Law”
Meanwhile, Justice James Omotosho of the Federal High Court, Abuja, has fixed November 20, 2025, to deliver judgment in Kanu’s ongoing terrorism trial.
Shortly after the date was announced, Kanu reiterated his stance that he “cannot be convicted under a non-existent law,” arguing that the Terrorism Prevention Amendment Act 2013 — under which he was initially charged — was no longer valid, having been replaced by the Terrorism (Prevention and Prohibition) Act 2022.
Akahi News learnt that Kanu’s defence team has consistently argued that proceeding with the case under a repealed statute constitutes a violation of due process and fair trial principles enshrined in the Nigerian Constitution.
IPOB Denies Claims Kanu Waived His Right to Defence
In a related development, the Indigenous People of Biafra (IPOB) has debunked reports alleging that Nnamdi Kanu forfeited his right to defence in the terrorism case.
In a statement signed by its spokesperson, Emma Powerful, and obtained by Akahi News, IPOB described such reports as “false and misleading,” insisting that Kanu remains actively engaged in his legal defence.
“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,” the group said.
The pro-Biafra organisation reaffirmed its full support for Kanu, urging calm among its members and the general public. IPOB maintained that all proceedings must follow constitutional standards and due legal process, stressing that Kanu’s continued detention remains “an affront to justice and human rights.”
Legal Experts Weigh In
Legal analysts who spoke with Akahi News noted that Kanu’s latest motion could set a major judicial precedent if entertained by the Supreme Court. They explained that while setting aside a Supreme Court judgment is an extraordinary remedy, Nigerian jurisprudence allows such review in rare cases where the court acted without jurisdiction or relied on a repealed law.
They added that the Supreme Court has the inherent power to correct any manifest error “to prevent a miscarriage of justice,” especially where issues of constitutional interpretation and human rights are concerned.
Observers also note that the outcome of Kanu’s motion and his pending trial will significantly shape Nigeria’s legal and political discourse in the months leading to the 2027 general elections.
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By Joseph Iyaji | Akahi News
Joseph Iyaji is a journalist, educator, and founder of Akahi G. International, Akahi Tutors, and Akahi News. Read more about him here.
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