IPOB Leader Nnamdi Kanu Challenges Supreme Court Over Alleged ‘Error in Law’

Detained IPOB leader Nnamdi Kanu has filed a fresh motion at the Supreme Court of Nigeria, seeking to overturn its 2023 judgment that reinstated his terrorism trial, arguing that the decision was based on repealed laws and delivered without proper jurisdiction.

The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a motion before the Supreme Court of Nigeria to set aside its December 15, 2023 judgment that remitted his terrorism trial back to the Federal High Court.

The apex court, in suit number SC/CR/1361/2022, had ordered Kanu’s continued prosecution after the Court of Appeal discharged and acquitted him in October 2022.

However, in a motion filed on November 6, 2025, Kanu is asking the Supreme Court to nullify the ruling, claiming it was made “without jurisdiction” and based on laws that were no longer in force at the time of the judgment.

Filed pursuant to Section 6(6)(A) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the motion lists Kanu as Respondent/Applicant and the Federal Government of Nigeria as Appellant/Respondent.

Among the reliefs sought are:

• An extension of time to apply for a review of the judgment.
• Leave of court to formally request that the December 15, 2023 decision be set aside.

Kanu argued that the Supreme Court’s decision was delivered per incuriam — meaning in error — because it relied on repealed provisions instead of the Terrorism (Prevention and Prohibition) Act, 2022.

DON’T MISS: FG to Launch Two New Investment Funds For Startups in 2026

He maintained that the alleged mistake goes to the jurisdiction of the court, insisting it should be corrected “to prevent a miscarriage of justice.”

In a supporting affidavit, Kanu’s younger brother, Prince Emmanuel Kanu, stated that restrictions in DSS custody hindered Kanu’s access to legal counsel and case files, causing the delay in filing the application.

He revealed that Kanu only gained full access to his legal documents on October 26, 2025, enabling him to properly review the 2023 judgment for the first time.

Meanwhile, Justice James Omotosho of the Federal High Court, Abuja, has scheduled November 20, 2025, to deliver judgment in Kanu’s ongoing trial.