Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), has filed an urgent application at the Court of Appeal in Abuja, requesting an immediate halt to his scheduled terrorism trial judgment.
Justice James Omotosho of the Federal High Court, Abuja Division, is set to deliver judgment on November 20 in the protracted terrorism case against Kanu, which has been ongoing since 2015. However, the IPOB leader personally filed the application at the appellate court on Wednesday, seeking to forestall the lower court’s decision.
According to Aloy Ejimakor, Kanu’s special counsel, the new legal move may affect the judgment date already fixed by Justice Omotosho. The appeal comes after the trial judge dismissed a last-minute adjournment request made by Kanu on Tuesday.
In his motion before the Court of Appeal, with the Federal Government listed as the sole respondent, Kanu challenged the September 26 ruling by Justice Omotosho that dismissed his no-case submission. The IPOB leader argues that he was wrongly ordered to defend himself against terrorism allegations despite raising fundamental jurisdictional concerns.
Central to Kanu’s argument is his claim that the Terrorism Prevention and Prohibition Act, under which the Federal Government charged him, has been repealed. He insists this renders all charges against him invalid and legally baseless.
“The trial court, while refusing to rule on the objection, foreclosed my right to defend the allegations levelled against me,” Kanu stated in his application. He warned that proceeding with the judgment would result in unlawful conviction and transform his appeal into what he described as “a mere academic exercise.”
The judge had ruled that Kanu could not claim denial of fair hearing, having been given enough time to present his case. Justice Omotosho had previously granted Kanu six days to open his defense, but the defendant repeatedly refused, maintaining there were no valid charges against him.
The case has experienced multiple delays and reassignments since its commencement in 2015. It was interrupted for approximately three years following Kanu’s disappearance from Nigeria after a military operation at his Abia State residence in September 2017.
In a 13-paragraph affidavit supporting his motion, Kanu raised serious concerns about alleged disobedience to Supreme Court directives, particularly regarding count seven of the charges. He claimed the apex court had clarified that this count no longer constitutes an offence in Nigeria due to legislative repeal.
The defendant also criticized Justice Omotosho for failing to apply Section 303 of the Administration of Criminal Justice Act (ACJA) 2015, which he argues provides the mandatory legal test for determining no-case submissions.
“The respondent will suffer no prejudice if this application is granted, and conversely, refusing this application would give rise to injustice as it will shut me out of my constitutional right of appeal,” Kanu emphasized in his filing.
Kanu had initially dismissed his legal team and opted for self-representation. However, he later shifted strategy, filing applications challenging the court’s jurisdiction and the validity of all charges against him.
The Federal Government, represented by Senior Advocate of Nigeria Adegboyega Awomolo, has maintained its position that Kanu has a case to answer. The prosecution urged the court to treat Kanu’s various motions as his final written address and proceed to judgment.
The Court of Appeal has not yet announced a hearing date for Kanu’s application seeking to stop the November 20 judgment.