Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a motion before the Supreme Court seeking to set aside its December 15, 2023 judgment that remitted his terrorism trial back to the Federal High Court.
The Supreme Court had, in suit number SC/CR/1361/2022, 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 apex court to nullify the judgment on the grounds of lack of jurisdiction.
He argued that the decision was based on laws that were no longer in force at the time it was delivered.
The motion, filed pursuant to Section 6(6)(A) of the Constitution, lists Kanu as respondent/applicant and the Federal Government as appellant/respondent.
Among the reliefs sought are an extension of time to apply for a review of the judgment and leave of court to formally request that the December 15, 2023 decision be set aside.
Kanu stated that due to his detention in the custody of the Department of State Services (DSS), he only recently gained full access to his case files on October 26, 2025, enabling him to review the judgment.
He argued that the ruling was delivered per incuriam, claiming it relied on repealed statutes instead of the Terrorism (Prevention and Prohibition) Act, 2022.
He maintained that the alleged error touches on the jurisdiction of the court and therefore 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 limited Kanu’s access to legal counsel and court records, which caused the delay in filing the application.
Politics Nigeria recalls that Justice James Omotosho of the Federal High Court, Abuja, has fixed November 20, 2025, to deliver judgment in the ongoing trial.