Terrorism: Kanu Petitions Court to Suspend Impending Judgment

all actions taken under it. He further contended that under Section 76(1)(a)(iii) of IPOB leader Nnamdi Kanu has requested the Federal High Court in Abuja to suspend the judgment in his terrorism trial, which is scheduled for November 20.

In a motion filed on November 10 and personally signed, Kanu asked Justice James Omotosho to halt the ruling, claiming the trial was conducted under a repealed and non-existent law.

Kanu, who recently parted ways with his legal team led by former Attorney-General Chief Kanu Agabi (SAN), argued that the proceedings violate Supreme Court directives and Section 287(1) of the Constitution. He maintained that his prosecution under the repealed Terrorism (Prevention) Amendment Act 2013 breaches Sections 1(3), 36(1)–(12), and 42 of the 1999 Constitution (as amended), as well as Articles 7 and 26 of the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 asserted that Count 15 (now Count 7) “does not exist in law,” and that continuing the trial renders all subsequent proceedings invalid.

Kanu also argued that the court’s failure to acknowledge the repeal of the 2013 terrorism law, contrary to Section 122 of the Evidence Act 2011, invalidates the Terrorism (Prevention and Prohibition) Act 2022, the Federal High Court lacks jurisdiction to try him without evidence that the alleged acts are offences under Kenyan law or supported by a valid extradition order.

He challenged a plea purportedly taken on March 29, 2023, under the repealed law and in breach of Section 220 of the Administration of Criminal Justice Act (ACJA) 2015, describing it as void and incapable of conferring jurisdiction. Kanu also claimed that forged material used in the proceedings amounted to a denial of fair hearing under Section 36(6) of the Constitution.

Representing himself after dismissing his lawyers, Kanu said he was misled into pleading under a non-existent law, urging the court to “arrest judgment ex debito justitiae.” Among his requests are an order to halt the delivery of judgment and a declaration that failure to recognize the repeal of the 2013 terrorism law nullifies all proceedings under it.

Kanu faces seven counts of terrorism (FHC/ABJ/CR/383/2015) brought by the Federal Government. The prosecution alleged that he led a separatist movement seeking the secession of parts of Nigeria and incited violence through broadcasts, in addition to illegally importing a radio transmitter. He has pleaded not guilty.

While the prosecution closed its case after calling five witnesses, Kanu initially listed 23 defence witnesses but later withdrew them, insisting he would not defend charges he considers invalid. At the last sitting, after he failed to open his defence despite six days being granted, Justice Omotosho scheduled the date for judgment.