The detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has asked the Federal High Court in Abuja to suspend the judgment in his terrorism trial, scheduled for November 20.
In a fresh motion filed on November 10 and personally signed by him, Kanu asked Justice James Omotosho to suspend judgment because, according to him, the proceedings were conducted under a repealed and non-existent law.
Kanu, who recently disengaged his legal team led by a former Attorney-General of the Federation, Chief Kanu Agabi (SAN), contended that his trial contravenes Supreme Court directives and Section 287(1) of the Constitution.
He argued that his prosecution under the now-repealed Terrorism (Prevention) Amendment Act 2013 violates Sections 1(3), 36(1)–(12) and 42 of the 1999 Constitution (as amended), as well as Articles 7 and 26 of the African Charter on Human and Peoples’ Rights.
He argued that the trial court is constitutionally bound to give effect to the Supreme Court’s finding that Count 15 (now Count 7) “does not exist in law”, arguing that failure to do so renders all subsequent proceedings null and void.
Kanu further contended that the court’s failure to take judicial notice of the repeal of the 2013 terrorism law, contrary to Section 122 of the Evidence Act 2011, invalidates all proceedings undertaken pursuant to it.
Furthermore, he arged that under Section 76(1)(a)(iii) of the Terrorism (Prevention and Prohibition) Act 2022, the Federal High Court lacks jurisdiction to try him without proof that the alleged conduct is an offence under Kenyan law, or supported by a valid extradition order from a Kenyan court.
Kanu also challenged the plea purportedly taken on March 29, 2023 (not 2028) under a repealed statute and in violation of Section 220 of the Administration of Criminal Justice Act 2015, describing the plea as void and incapable of conferring jurisdiction.
He alleged that the use of forged material in the proceedings amounted to a constructive denial of fair hearing under Section 36(6) of the Constitution and therefore asked the court to set aside all rulings and proceedings presided over by Justice Omotosho for lack of jurisdiction and breach of constitutional supremacy.
Representing himself after dismissing his lawyers, Kanu said he was misled into pleading under a non-existent law, in violation of Section 220 of the ACJA 2015.
“It is in the interest of justice for this Honourable Court to arrest judgment ex debito justitiae,” he added.
Among his prayers is an order arresting delivery of judgment in the suit, and a declaration that failure to take judicial notice of the repeal of the 2013 terrorism law, contrary to Section 122 of the Evidence Act 2011, vitiates all steps taken under it.
Kanu is facing seven counts of terrorism marked FHC/ABJ/CR/383/2015, brought against him by the Federal Government.
The prosecution alleged that Kanu, who has been in the custody of the Department of State Services since 2021, led a separatist movement seeking the secession of the South-East, parts of the South-South, and some communities in Kogi and Benue States from Nigeria.
He was also accused of inciting violence and killings through broadcasts allegedly transmitted across the country, and of illegally importing a radio transmitter.
Kanu pleaded not guilty.
While the prosecution closed its case after calling five witnesses, Kanu initially listed 23 individuals he intended to call in his defence but later withdrew the list, insisting he would not defend a charge he described as invalid and containing offences unknown to law.
At the last sitting, after Kanu failed to open his defence despite being granted six days to do so, Justice Omotosho fixed a date for judgment, having given him multiple opportunities.
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