Nnamdi Kanu files fresh motion at Nigeria’s Supreme Court, challenging its 2023 ruling that reinstated his terrorism trial at the Federal High Court.
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a fresh motion before the Supreme Court of Nigeria, seeking to overturn its December 15, 2023 judgment that reinstated his terrorism trial at the Federal High Court in Abuja.
The Supreme Court had in case number SC/CR/1361/2022 ordered Kanu’s continued prosecution after the Court of Appeal discharged and acquitted him in October 2022.
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Kanu Challenges Court’s Jurisdiction
In a new motion filed on November 6, 2025, Kanu is asking the apex court to set aside the 2023 ruling, arguing that it was delivered without jurisdiction. He claims the decision relied on laws that were no longer in force at the time it was made.
According to court documents, the application was filed under Section 6(6)(A) of the Nigerian Constitution, with Kanu listed as the respondent/applicant and the Federal Government as the appellant/respondent.
Kanu is also seeking an extension of time to apply for a review of the judgment, as well as leave of court to formally request that the Supreme Court nullify its earlier decision.
Claims of Repealed Law and Denied Access
Kanu argues that the December 2023 ruling was delivered per incuriam meaning “through lack of care” because it relied on repealed statutes instead of the operative Terrorism (Prevention and Prohibition) Act, 2022.
He maintains that the alleged error strikes at the jurisdiction of the court, insisting that correcting it is necessary “to prevent a miscarriage of justice.”
In a supporting affidavit, Kanu’s younger brother, Prince Emmanuel Kanu, stated that the IPOB leader’s detention by the Department of State Services (DSS) limited his access to legal counsel and case files, delaying the motion’s filing.
Kanu reportedly gained full access to his legal documents on October 26, 2025, which allowed his legal team to properly assess the Supreme Court’s earlier ruling.
Ongoing Trial at Federal High Court
Meanwhile, Justice James Omotosho of the Federal High Court, Abuja, has fixed November 20, 2025, for judgment in Kanu’s ongoing terrorism trial.
The outcome of the pending Supreme Court motion could significantly impact the trajectory of the case, which has drawn national and international attention since Kanu’s controversial arrest and extradition in 2021.
Legal and Political Implications
Legal analysts say the new motion raises crucial questions about jurisdiction, statutory interpretation, and judicial oversight. If granted, it could reset the high-profile case and challenge the legal basis for Kanu’s prosecution under current terrorism laws.
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Kanu, who leads the separatist IPOB movement, continues to deny all terrorism-related charges, insisting that his group’s campaign for an independent Biafra remains peaceful.
