The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has petitioned the Federal High Court sitting in Abuja to suspend its judgment in his long-running terrorism trial, scheduled to be delivered on 20th November, 2025.
Recall that Justice James Omotosho had fixed the judgment date last Friday after ruling that Kanu’s right to mount a defence was “foreclosed.” This decision came as a consequence of the IPOB leader’s refusal to enter a defence, which he insists is being conducted under a repealed legal statute.
Meanwhile, in a fresh motion filed on November 10, and which was personally signed by the defendant, Kanu implores Justice Omotosho to “arrest judgment.” The core of his argument is that the entire proceeding has been invalidated because it was conducted under the now-defunct Terrorism (Prevention) Amendment Act of 2013.
Mr Kanu’s legal team is seeking an order to stop the delivery of judgment. They contend that the court’s failure to take judicial notice of the 2013 law’s repeal—contrary to the Evidence Act—fundamentally undermines every step taken in the case under that law.
The motion asserted that continuing the trial under these circumstances is a violation of both Supreme Court directives and the Nigerian Constitution. Mr Kanu, through his legal representation argued that his prosecution under the repealed Act infringed upon his constitutional rights to a fair hearing and against discrimination, as well as provisions of the African Charter on Human and Peoples’ Rights.
Other critical legal objections raised by the recent motion filed by Mr Kanu included defaulted jurisdiction; citing the 2022 Terrorism Act, as he argued that the Federal High Court lacks the power to try him without proof that his alleged conduct is also an offence under Kenyan law, or that a valid extradition order from Kenya exists—resting his argument based on the forced return from Kenya in 2021 has been a persistent point of legal contention.
He also pointed to an Invalid Plea, challenging the guilty plea he entered on March 29, 2023, where he claimed was taken under a non-existent law and is therefore void and incapable of conferring jurisdiction—relying on the allegation that he was misled into pleading under this repealed framework.
In addition, the application further alleged that the use of forged evidence against Mr Kanu in the proceedings amounts to a denial of his right to a fair hearing.
The new motion reflected a similar issue earlier filed on 7th November, in which Kanu sought to have his initial not-guilty plea expunged from the court record, claiming it was obtained deceptively. In that filing, he urged the court to set aside all proceedings and order his immediate release from the custody of the State Security Service (SSS), where he has been held since his re-arrest in 2021.
The terrorism-related charges against Nnamdi Kanu were brought by the federal government. The case, which began in 2015, was stalled for several years after Kanu fled Nigeria following a 2017 military raid on his home. The trial resumed after his controversial repatriation from Kenya.
Justice Omotosho has stated he will rule on all pending applications, including this latest motion to suspend judgment, on the scheduled date of November 20.