Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has filed a new motion seeking to terminate his ongoing trial and dismiss the charges against him, citing constitutional and jurisdictional grounds. Â
In the motion filed at the federal court, Kanu argues that the counts against him stem from offences alleged to have occurred in Kenya, a fact he says nullifies Nigeria’s extraterritorial jurisdiction under Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act 2022. He also invokes Article 7(2) of the African Charter on Human and Peoples’ Rights to assert his right to a fair and transparent trial. Â
Furthermore, the motion contends that the law under which he is being tried is inconsistent with Section 1(3) and Section 36(12) of the Nigerian Constitution, which stipulate that any law inconsistent with the Constitution is void. Kanu referenced precedents including Aoko v Fagbemi (1961) and FRN v Ifegwu (2003) to support his argument. Â
The IPOB leader has requested that the prosecution respond to his motion within three days and for the court to deliver judgment on or before November 4 2025. Â
His legal team emphasises that the application deals purely with points of law rather than factual dispute, seeking determination of jurisdictional validity before any further trial proceedings continue.
The court has yet to rule on the motion. Meanwhile, security remains heightened around the tribunal due to the high-profile nature of the case and its implications for national stability.


