Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a fresh motion before the Supreme Court seeking to nullify its December 15, 2023 judgment which ordered the continuation of his terrorism trial at the Federal High Court.
The 2023 judgment in SC/CR/1361/2022 had overturned the October 2022 decision of the Court of Appeal that discharged and acquitted him, directing instead that he stand trial on the remaining amended charges.
In the new motion, filed on November 6, 2025, Kanu asked the apex court to set aside the ruling on the grounds that it was allegedly delivered per incuriam and without jurisdiction.
He argued that the judgment relied on laws that were no longer in force at the time, insisting that the applicable legislation should have been the Terrorism (Prevention and Prohibition) Act, 2022, not the repealed statutes referenced by the court.
Filed pursuant to Section 6(6)(A) of the Constitution, the motion lists Kanu as respondent/applicant and the Federal Government as appellant/respondent. His requests include:
• An extension of time to apply for a review of the judgment;
• Leave of court to seek that the December 15, 2023 ruling be set aside.
Kanu said he only gained full access to his case files on October 26, 2025, due to restrictions in the Department of State Services (DSS) detention facility.
In a supporting affidavit, his younger brother, Prince Emmanuel Kanu, stated that limited access to counsel and documents prevented the IPOB leader from filing earlier.
Kanu maintained that the alleged legal errors in the 2023 ruling affect the jurisdiction of the Supreme Court and must be corrected “to prevent a miscarriage of justice.”
Meanwhile, Justice James Omotosho of the Federal High Court, Abuja, has fixed November 20, 2025, to deliver judgment in the terrorism case after Kanu declined to open his defence within the six days granted by the court.
