Nnamdi Kanu, the detained leader of the outlawed Indigenous People of Biafra (IPOB), has filed a critical application at the Court of Appeal in Abuja, seeking to prevent the Federal High Court, Abuja, from delivering judgment on the terrorism charges against him. The Federal High Court, presided over by Justice James Omotosho, had slated November 20, 2025, for judgment in Kanu’s trial. Mr. Kanu personally filed this Motion on Notice at the appeal court around November 10-12, 2025, a move confirmed by his special counsel, Aloy Ejimakor, and detailed in court filings.

In his application, Mr. Kanu explicitly requests “An Order staying the proceedings of the trial court in Case No. FHC/ABJ/CR/383/2015: Federal Republic of Nigeria VS. Nnamdi Kanu,” pending the hearing and determination of his appeal against the lower court’s decisions. He specifically targets the Federal High Court’s dismissal of his no-case submission, its refusal to determine its jurisdiction and the validity of the counts under which he is being tried, and what he describes as the foreclosure of his right to defend the case by fielding witnesses.

The IPOB leader argues that the trial court’s proceedings were conducted under a repealed and non-existent law, specifically mentioning the Terrorism Prevention and Prohibition Act. He also contends that the court disregarded a binding Supreme Court directive concerning Count 7 (formerly Count 15) of the charges, which the apex court had clarified “does not exist in law.” Kanu further asserts that the trial court failed to apply the mandatory statutory test under Section 303(3)(c) of the Administration of Criminal Justice Act (ACJA) when ruling on his no-case submission. He warns that if his application is not granted, he “may be unlawfully convicted without being afforded the opportunity of knowing the validity of the counts, the jurisdiction of the trial court and offering a defence on the merits.”

Kanu also raised concerns about the plea purportedly taken on March 29, 2025, arguing it was made under a repealed law and violated Section 220 of the ACJA, thereby rendering it void and incapable of conferring jurisdiction. He highlighted that the Federal High Court, under Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022, lacked jurisdiction to try him without proof that the alleged offences constituted crimes under Kenyan law or were backed by a judicial validation or extradition order from Kenya. He maintained that further proceedings would render his right of appeal a “fait accompli.” He also affirmed that neither he nor the Federal High Court would be prejudiced by a stay, considering the case has been ongoing since 2015.

The background of Kanu’s legal battles dates back to his initial arrest in 2015 under the administration of President Muhammadu Buhari. In 2022, the Court of Appeal in Abuja had discharged and acquitted him, but the Nigerian government blocked his release, citing potential flight risk and insecurity in the South-east. The government appealed this ruling and obtained an order staying its execution at the Supreme Court. On December 15, 2023, the Supreme Court reversed the lower court’s acquittal and ordered the continuation of his trial at the Federal High Court, Abuja.

The Nigerian government closed its case against Kanu on June 19, 2025, after the fifth prosecution witness was cross-examined. Rather than opening his defence, Kanu, through his lawyers, filed a no-case submission to seek the dismissal of the charges, arguing that the prosecution had failed to establish a prima facie case. Despite initial opposition from the prosecution, the court accepted his application. However, on September 26, 2025, the court dismissed Kanu’s no-case submission and directed him to enter his defence.

In a surprising turn, on October 24, Kanu disengaged all his lawyers, opting to defend himself and listing prominent past and serving government officials as witnesses. By October 27, he declared he would not enter his defence, insisting there were no valid charges against him and that he had reviewed the prosecution's case and found it not worth defending. Justice Omotosho then directed Kanu to file a written address to that effect, which he did. This sequence of events ultimately led the judge to slate November 20, 2025, for the delivery of judgment. As of now, no date has been fixed for the hearing of Kanu’s motion on notice by the Court of Appeal.