Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a motion at the Supreme Court seeking to set aside its December 15, 2023 judgment that remitted his terrorism trial back to the Federal High Court (FHC).
The Supreme Court’s ruling followed a Court of Appeal decision delivered on October 13, 2022, which acquitted Kanu in suit number SC/CR/1361/2022. However, the apex court ordered that his trial continue at the FHC. Kanu now argues that the judgment should be set aside for want of jurisdiction and because it was based on statutes that, in his view, had ceased to exist.
In the motion filed on November 6, 2025, Kanu is seeking leave to review the Supreme Court’s judgment. He also requested an extension of time to file the review application, stating that his detention in the custody of the Department of State Services (DSS) and prior handling of his defence prevented him from acting sooner.
Kanu, who appeared in person, explained that he obtained the complete record of his prosecution only on October 26, 2025. Upon reviewing the files, he discovered that the Supreme Court’s December 2023 ruling was delivered per incuriam—meaning it overlooked important legal facts. He contends that the ruling relied on laws that had been repealed by the Terrorism (Prevention and Prohibition) Act 2022 and violates Section 36(12) of the Nigerian Constitution as well as Section 122 of the Evidence Act 2011.
“The complaint now raised touches the very root of jurisdiction, a domain to which time and technicality pay no homage. The equitable discretion of this Honourable Court is therefore humbly invited to extend the time ex debito justitiae, for the correction of a manifest nullity and the restoration of constitutional order,” the motion stated.
Supporting the motion, Kanu’s younger brother, Prince Emmanuel Kanu, said that since the December 2023 Supreme Court ruling, Nnamdi Kanu has remained in DSS detention under conditions that limited his access to legal counsel and case materials. Prince Emmanuel explained that Kanu assumed full control of his case in October 2025 to ensure a thorough review and pursue lawful redress.
He warned that denying the motion for additional time could result in a “palpable miscarriage of justice” and damage judicial regularity.
Justice James Omotosho of the Abuja Federal High Court has fixed November 20, 2025, for the delivery of judgment in Kanu’s terrorism trial. This comes amid ongoing debates over the legal basis for his prosecution.
Kanu and his defence team have maintained that he cannot be convicted under the Terrorism Prevention Amendment Act 2013, as the law was repealed by the Terrorism (Prevention and Prohibition) Act 2022. The IPOB leader insists that any conviction under a non-existent law would be unconstitutional.
In a statement, IPOB rejected claims that Kanu had forfeited his right to defence. The group’s spokesperson, Emma Powerful, said reports suggesting Kanu abandoned his defence were false and misleading. IPOB emphasized that Kanu continues to insist on a fair and lawful trial, in accordance with Nigeria’s constitutional provisions.
“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 IPOB statement read. The group urged calm among its members and the public while the matter is resolved through legal channels.
Nnamdi Kanu is the leader of the Indigenous People of Biafra (IPOB), a separatist movement advocating for the independence of Biafra in southeastern Nigeria. Kanu has been a controversial figure in Nigerian politics, with his activism drawing both national and international attention. He was first arrested in 2015, sparking widespread protests and international condemnation. Kanu was subsequently released on bail but later fled the country, returning in 2021 to face terrorism-related charges.
His current trial relates to allegations of terrorism, including activities linked to the advocacy for Biafran independence. The Supreme Court’s decision to remit his case to the Federal High Court followed the Court of Appeal’s acquittal in 2022, highlighting the complex legal battles surrounding his prosecution.
Meanwhile, IPOB has continued to mobilize support for Kanu, emphasizing that the ongoing trial should adhere strictly to legal standards and constitutional safeguards. The group has consistently called for calm, stressing that any response should remain within the boundaries of the law.
With the Federal High Court judgment scheduled for November 20, attention is expected to intensify on both the courtroom proceedings and the Supreme Court motion. Observers note that the case has wider implications for Nigeria’s legal system, particularly in ensuring that trials adhere to current statutory provisions and constitutional guarantees.
