The detained leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed an urgent motion at the Court of Appeal, Abuja, seeking to stop the Federal High Court from delivering judgment in his alleged terrorism trial, scheduled for November 20.
Kanu’s appeal follows the September 26 ruling of Justice James Omotosho, which dismissed his no-case submission and ordered him to defend the terrorism charges brought by the federal government.
In the motion, Kanu argues that the lower court erred in dismissing his submission without addressing the jurisdictional and constitutional validity of the charges. He contends that the Terrorism Prevention and Prohibition Act, under which he is charged, had been repealed, making the allegations invalid.
Kanu further claims that the judge foreclosed his right to defend himself, refusing to rule on objections to the validity of some counts and denying him the chance to call 23 witnesses until the final judgment. He fears that if the November 20 judgment proceeds, his appeal would become academic, effectively preempting the Court of Appeal’s review.
In a 13-paragraph affidavit, Kanu also raised concerns over the disobedience of a Supreme Court order regarding count 7 in his charges and the failure to apply Section 303 of the Administration of Criminal Justice Act (ACJA) 2015, which mandates certain procedural tests in criminal trials. He claims counts 1 to 6 are based on a repealed statute, leaving no valid charges against him.
Kanu maintains that granting the motion would not prejudice either party but would protect his rights and the appellate process from being undermined.
No date has yet been fixed for the hearing of Kanu’s motion at the Court of Appeal.
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