Detained IPOB leader, Mazi Nnamdi Kanu, has asked the Federal High Court in Abuja to dismiss the terr+rism charges against him and permanently halt his ongoing prosecution.
In a written address supporting a preliminary objection, Kanu argued that his trial is unconstitutional because it is based on a repealed law and an allegedly invalid proscription order. He maintained that the case violates the Constitution, the African Charter on Human and Peoples’ Rights, and binding appellate court decisions.
Through his legal team, Kanu is seeking seven major declarations, including a ruling that his prosecution under the defunct Terrorism (Prevention) Amendment Act 2013 and an ex parte order proscribing IPOB in 2017 is unlawful, null, and void.
The IPOB leader also accused the Department of State Services (DSS) of violating his right to a fair hearing by allegedly monitoring his meetings with lawyers, seizing legal documents, and denying him confidential communication with counsel.
Kanu stressed that with the enactment of the Terr+rism (Prevention and Prohibition) Act 2022, which repealed the 2011 and 2013 laws, all terr+rism charges brought under the old statutes became legally unenforceable. He referenced Section 98(3) of the 2022 Act and Section 122(2)(a) of the Evidence Act, which compel courts to take judicial notice of repealed laws.
He added that another count brought under the Customs and Excise Management Act is invalid, as the Act was replaced by the Nigerian Customs Service Act 2023.
Describing the ongoing prosecution as a violation of the rule of law, Kanu urged the court to strike out or permanently stay all charges against him. Permitting the trial under repealed legislation, he warned, would render legislative repeal meaningless and undermine constitutional supremacy.
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