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Nnamdi Kanu files motion to set aside Supreme Court judgment remitting trial to FHC
Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a motion asking the Supreme Court to set aside its December 15, 2023 judgment which remitted his trial back to the Federal High Court.
The apex court had in the verdict in the suit number SC/CR/1361/2022, remitted Kanu’s terrorism trial to the Federal High Court for continued prosecution after the Court of Appeal acquitted the agitator in a judgment delivered on October 13, 2022.
However, in a motion filed on November 6, 2025, Kanu is asking the Supreme Court to set aside the December 15, 2023 judgment for want of jurisdiction.
The IPOB leader also argued that the judgment was predicated on statutes which had ceased to exist in law.
The motion, brought pursuant to Section 6(6)(A) of the Constitution, is between Kanu, respondent/applicant, appearing in person, and the Federal Government of Nigeria, appellant/respondent.
Among the reliefs sought in the motion is an order extending the time within which the applicant (Kanu) may seek leave to apply for a order for review of the December 15, 2025 judgment.
Kanu also asked the Supreme Court to grant him leave to apply for an order reviewing the said December 15, 2023 judgment, as well as an order extending the time within which he may file the application for review of the judgment.
Stating the grounds for the application, Kanu, in the motion, explained that by reason of his detention in the custody of the Department of State Services, DSS, and the previous external conduct of his defence, he was not able to review the December 15, 2023 judgment until he recently took charge of his case.
According to him, he obtained the complete case file of his prosecution on October 26, 2025.
“Upon a meticulous examination of the record, the applicant discovered, with profound juridical concern, that the judgment of this Honourable Court of 15 December 2023 was delivered per incuriam – having been predicted on statutes which, at the material time, had ceased to exist in law. The decision, though solemn in pronouncement, was therefore made sub silentio of the extant Terrorism (Prevention and Prohibition) Act 2022 and stands in patent violation of Section 36(12) of the Constitution and Section 122 of the Evidence Act 2011,” he added.
Kanu explained that upon the discovery, he immediately filed an application for enlargement of time to file a motion to set aside the judgment. He noted that the interlude between the December 15, 2023 judgment and the instant application was not due to his own making.
“The complaint now raised touches the very root of jurisdiction – a domain to which time and technicality pay no homage. The equitable discretion of this Honourable Court is therefore humbly invited to extend the time ex debito justitiae, for the correction of a manifest nullity and the restoration of constitutional order,” the motion stated.
In an affidavit in support of the motion, Kanu’s younger brother, Prince Emmanuel Kanu, noted that since the delivery of the December 15, 2023 Supreme Court judgment, the IPOB leader had remained in detention under conditions that restricted his access to counsel, case materials and the certified record of proceedings.
Prince Emmanuel added that on or about 21 October 2025, Kanu resolve to assume control of his case in order to ensure a thorough personal review and pursue appropriate redress where necessary.
He added that a denial of the motion for additional time to file an application to set aside the December 15, 2023 judgment would “perpetuate a palpable miscarriage of justice and an enduring stain upon judicial regularity”.
Justice James Omotosho of the Abuja Federal High Court has fixed November 20, 2025 to deliver judgment in Kanu’s trial.
News Express reports that shortly after Justice Omotosho set the date for judgment in the terrorism trial, Kanu had declared that he can’t be convicted with a non-existent law.
Kanu and his defence team had been arguing that the Terrorism Prevention Amendment Act 2013 under which he was charged had been repealed by the Terrorism (Prevention and Prohibition Act) 2022.
Also, the Indigenous People of Biafra, IPOB, had denied reports that Kanu forfeited his right to defense in the ongoing terrorism trial.
In a statement released signed by its spokesperson, Emma Powerful, IPOB said reports that Kanu waived his right to defense were false and misleading. According to the group, the reports do not reflect the actual proceedings in court. It maintained that Kanu did not abandon his right to defend himself but instead has continued to insist on a fair and lawful trial.
“Let the truth be clear: Mazi Nnamdi Kanu has not forfeited anything. What is happening in court has raised serious legal questions that need to be addressed within the limits of the law,” IPOB said in the statement.
IPOB reaffirmed its support for Kanu’s position in court and appealed for calm among its members and the general public. The group emphasized that the matter should be resolved in accordance with constitutional provisions and established legal standards.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has disclosed that there are two main reasons a former Minister of Science, Technology and Innovation, Uche Nnaji, is being detained by the commission.
It also revealed that legal action was taken against the Enugu-born politician after he failed to honour several invitations extended to him through a letter referenced ICPC/HC/CSTF/GUN/GBT/T.1/VOLV16, and dated 15 May 2026.
John Odey, the spokesman of the commission in a statement on Wednesday explained that the commission later approached Federal High Court, Abuja Division, with the suit No: FHC/ABJ/CS/1160/2026) in order to effect Nnaji’s arrest after his failure to honour invitation.
Nnaji was arrested at the Akanu Ibiam International Airport, Enugu, when he boarded a private jet to Abuja.
Corroborating the development, the ICPC spokesman said Nnaji’s arrest was effected at the Nnamdi Azikiwe International Airport, Abuja, upon his arrival where he was led to the commission’s custody immediately.
According to him, Nnaji is being probed on forgery of academic credentials, specifically concerning a degree certificate from the University of Nigeria, Nsukka (UNN) and False National Youth Service Corps (NYSC) Discharge Certificate, which was submitted during his ministerial screening process in 2023.
The statement read, “The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has arrested the immediate past Minister of Science, Technology and Innovation, Hon. Geoffrey Uchechukwu Nnaji (M), following the execution of a bench warrant issued by the Federal High Court of Nigeria.
“The arrest was effected on Wednesday, 1st July 2026 at the Nnamdi Azikiwe International Airport, Abuja, upon Mr. Nnaji’s arrival.
“He was apprehended with the assistance of the Department of State Services (DSS) and subsequently handed over to the ICPC for further investigation.
“The Commission had earlier extended formal invitations to the former minister through a letter referenced ICPC/HC/CSTF/GUN/GBT/T.1/VOLV16, dated 15 May 2026.
“The invitation notices were duly served to his known addresses in Abuja and Enugu, as well as via his electronic mail address.
“Despite service through multiple channels, Mr. Nnaji failed to appear for investigative interviews on the scheduled dates, necessitating further legal action.
“The legal action followed a court order granted by the Federal High Court in the Abuja Judicial Division (Suit No: FHC/ABJ/CS/1160/2026).
“The order, issued on 11 June 2026, directed the ICPC to arrest the former minister to enable investigation into allegations bordering on:
“Forgery of academic credentials, specifically concerning a degree certificate from the University of Nigeria, Nsukka (UNN); and “False National Youth Service Corps (NYSC) Discharge Certificate, which was submitted during his ministerial screening process in 2023.
“Following the arrest, Mr. Nnaji has been taken into custody at the ICPC headquarters in Abuja, where investigations are expected to continue. The Commission assures the public that the matter will be pursued diligently in accordance with the law.”
The immediate past Minister of Science and Technology, Uche Nnaji, was arrested on Wednesday at the Nnamdi Azikiwe International Airport, Abuja, on arrival from Enugu via a chartered flight.
Authoritative sources at the airport confirmed the arrest to PREMIUM TIMES, saying Mr Nnaji would be handed over to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for interrogation.
The reported arrest comes weeks after the Federal High Court reportedly granted the ICPC permission to arrest and investigate Nnaji over the allegations.
The court also authorised the anti-graft agency to declare him wanted through newspapers, social media platforms and other media channels after the commission alleged that he repeatedly failed to honour invitations for questioning.
According to the ICPC, its application to the court followed Nnaji’s alleged refusal to appear before investigators despite several invitations relating to the forgery allegations.
The case stems from a two-year investigation published by Premium Times in October last year, which alleged that Nnaji submitted forged University of Nigeria degree and National Youth Service Corps certificates during his ministerial screening and confirmation process in 2023.
The report alleged that the documents were presented to President Bola Ahmed Tinubu, the Nigerian Senate, the Office of the Secretary to the Government of the Federation and the State Security Service.
According to the publication, Nnaji later acknowledged that the University of Nigeria did not issue him the degree certificate in question, a development the newspaper said corroborated its investigation.Newspapers
The former minister had previously denied the existence of the court order authorising his arrest, dismissing the publication as a “media trial.”
However, on June 18, he reportedly filed an appeal before the Court of Appeal, seeking to overturn the arrest order.
As of the time of filing this report, the ICPC had not issued an official statement confirming the reported arrest, while Nnaji’s legal team had yet to publicly respond to the latest development.
The Federal High Court in Abuja, on Tuesday, restored the bail it had earlier granted to activist and presidential candidate of the African Action Congress (AAC), Omoyele Sowore.
Sowore is facing a two-count cybercrime charge filed against him by the Department of State Services (DSS) for calling President Bola Tinubu a “criminal” in a social media post.
Trial Justice Muhammed Umar, who had earlier granted the defendant bail on self-recognisance, on June 16 revoked the bail and issued a warrant for his arrest.
The order came after Sowore failed to appear before the court for the continuation of his trial, even though he wrote a letter explaining his absence and requesting a new date.
When proceedings resumed in the case on June 22, Justice Umar ordered the remand of the defendant in Kuje prison.
Dissatisfied with the actions the court took against him, Sowore—whose legal team had initially withdrawn from the case over alleged bias by the judge—secured a new lawyer, who promptly filed a motion to restore his bail and quash the arrest warrant.
When the case came up on Tuesday, Justice Umar held that he was minded to admit the defendant to bail.
However, the court listed some conditions that had to be met before he would be released from prison custody.
Aside from granting him bail to the tune of N200 million, the court held that the defendant must produce two sureties in like sum.
The court also ordered the defendant to surrender his international passport.
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Sowore, in the application he anchored on Sections 35(4), 36(1), and 66 of the 1999 Constitution, as amended, as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA) 2015, insisted that the orders the court made against him were unjust and unwarranted.
The defendant had, on December 2, 2025, pleaded not guilty to the charge marked FHC/ABJ/CR/484/2025, filed against him by the Department of State Services (DSS).
The charges allege offences under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
The offending posts, made on August 25, 2025, were in response to President Tinubu’s claim, made in Brazil, that his administration had ended corruption in Nigeria.
Angered by the posts, the DSS demanded that X Inc. (formerly Twitter) and Meta Platforms Inc. ban Sowore’s accounts and remove the posts.
The security agency also wrote to Sowore, asking him to delete the posts from all platforms.
Non-compliance with the request led to the charges.
The prosecution claims the defamatory posts were intended to cause a breakdown of law and order and to tarnish the president’s reputation.
Exhibits include printouts of the posts and the DSS letters.
X Inc. and Meta were initially co-defendants but were delisted in the amended charge.
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