The leader of Indigenous People of Biafra (IPoB), Nnamdi Kanu, has filed a motion to stop the judgment of the Federal High Court, Abuja, in his trial for alleged terrorism.
Justice James Omotosho, on November 7, fixed November 20 for judgment on the case.
The judge fixed the date after Kanu’s defence was foreclosed following his insistence that he would not enter his defence under a repealed law.
However, in the motion on notice marked: FHC/ABJ/CR/383/2015, he personally filed, the IPoB leader sought seven reliefs.
In the application dated November 10 and filed same date, Kanu sought an order arresting the delivery of judgment in charge no: FHC/ABJ/CR/383/2015.
The document was made public on Tuesday.
In it, he alleged that the proceedings were conducted under a repealed and non-existent statute and in disobedience to the Supreme Court’s directive contrary to Section 287(1) CFRN 1999.”
He sought a declaration that by virtue of Section 287(1) CFRN, the trial court was constitutionally bound to give effect to the Supreme Court’s finding that count 15 (now count 7) “does not exist in law,” and its failure rendered all subsequent proceedings null and void.
He also sought a declaration that the court’s failure to take judicial notice of the repeal of the 2013 Terrorism Act, contrary to Section 122 Evidence Act 2011, vitiates all steps taken thereunder.
The IPOB leader equally sought a declaration that by virtue of Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act 2022, the Federal High Court lacked jurisdiction to try him in the absence of proof that the alleged conduct constituted an offence under Kenyan law or of any Kenyan judicial validation or extradition order.
Besides, Kanu sought “a declaration that the plea purportedly taken on March 29, under a repealed and non-existent statute and in violation of Section 220 ACJA 2015 is void and incapable of conferring jurisdiction.
