Kanu’s Motion Tests Supremacy of Supreme Court Rulings in Lower Courts

Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), has launched a final legal challenge ahead of his scheduled November 20 judgment, filing a motion that directly tests the binding authority of the Supreme Court on lower courts.

The move comes after Justice James Omotosho of the Federal High Court in Abuja fixed the date for judgment when Kanu, who is representing himself, refused to open his defence.

In a fresh motion filed on Tuesday, Kanu asked the court to restrain itself from delivering the judgment, arguing that the proceedings were conducted in violation of a supreme court directive.

Central to his argument is the constitutional principle that lower courts must adhere to the decisions of the apex court.

The IPOB leader asserted that “the court acted contrary to section 287(1) of the 1999 constitution, which mandates all courts to give effect to the decisions of the supreme court.” He is therefore seeking “a declaration that the trial court was constitutionally bound to comply with the apex court’s finding that count 15 (now count 7) ‘does not exist in law’, and that its failure to do so rendered all subsequent proceedings ‘null and void’.”

Kanu’s motion expands on this foundational challenge by also contesting the legal basis of the entire trial. He argued that the judge failed to take judicial notice of the repeal of the Terrorism Act, and that all actions taken under this repealed law are invalid.

Furthermore, he contended that “the plea purportedly taken on March 29, 2025, under a repealed law and in violation of section 220 of the Administration of Criminal Justice Act (ACJA), 2015, was void and incapable of conferring jurisdiction.”

Consequently, Kanu is asking the court to “set aside all proceedings and orders” made in the case for want of jurisdiction. This legal manoeuvre forces a confrontation on a core tenet of Nigeria’s judicial hierarchy, placing the supremacy of Supreme Court rulings squarely under the spotlight just days before a anticipated verdict.