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Nnamdi Kanu Submits Fresh Request To Supreme Court On His Trial
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has urged the Supreme Court to review its earlier judgement in the case between him and the federal government of Nigeria.
Daily voice understands Kanu, in a fresh motion filed before the Apex Court, asked the court to review its judgment delivered in the suit between him and the federal government marked (SC/CR/1361/2022) which ordered his retrial.
Kanu asked the court to extend the time within which he may seek leave to apply for an order reviewing the judgment of the Supreme Court delivered on the 18th December 2023.
In his argument, the detained IPOB leader submitted that he just had full access to his complete case file on October 26, 2025, for the first time since his incarceration after taking the decision to represent himself and needs time to review the details.
A copy of the motion reads, ”AN ORDER granting leave to the Applicant to apply for an Order reviewing the aforesaid Judgment of this Honourable Court delivered on the 15th December 2023 in FRN v. Nnamdi Kanu (SC/CR/1361/2022) on the grounds set out in this application.
“AN ORDER extending the time within which the Applicant may file the Application for review of the aforesaid judgment delivered on the 15th December 2023 in FRN v. Nnamdi Kanu (SC/CR/1361/2022) and further deeming the said Application for review as properly filed and served in this suit. And for such further orders as this Honourable Court may deem necessary to make in the circumstances.
The judgment sought to be impugned was delivered on 18 December 2023. By reason of the applicant’s continuous state custody and the prior external conduct of his defence, he was incapacitated from personally reviewing or acting upon the implications of the said judgment until very recently.
On or about 21 October 2025, the Applicant assumed full carriage and control of his case, thereby asserting his constitutional right to self-representation and immediate oversight of his legal cause. On 26 October 2025, he obtained access to his complete case file for the first time since his incarceration.
“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 curiam—having been predicated upon 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 Terroriam (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.
Upon this discovery, the Applicant acted with utmost dispatch and fidelity to the law, instructing the preparation of a Motion to Set Aside the said judgment, and promptly bringing this companion application for enlargement of time solely to regularize that procedural step.
“The brief interlude between the judgment and the instant application is thus neither wilful nor dilatory but the inevitable consequence of constrained custodial conditions and the subsequent discovery of a jurisdictional aberration only after the applicant personally obtained his record.
“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.”
In a supporting affidavit submitted by the youger brother of the IPOB leader, Prince Emmanuel Kanu, the detained Kanu urged the Supreme Court to grant the prayers sought by the IPOB leader.
He said upon taking over his case personally in October 2025, Kanu discovered that the statutes upon which the Supreme Court issued its ruling had been repealed and displaced by subsequent enactment at the time material to the appeal.
He is therefore seeking a fresh motion to set aside the said judgment.
The affidavit read, “That I am the Applicant’s younger brother herein, the Respondent in the substantive Appeal No. SC/CR/1361/2022 — Federal Republic of Nigeria v. Nnamdi Kanu — wherein judgment was delivered by this Honourable Court on 15 December 2023. My brother, the Applicant, is currently in detention and unable to depose to this affidavit.
“That since the delivery of the said judgment, my brother had remained in the custody of the respondent under conditions that severely restricted his access to counsel, to case materials, and to the certified record of proceedings.
That until recently, the prosecution and management of his cause were conducted exclusively through external counsel, and he was neither in possession of the files nor in a position to scrutinize the processes filed on his behalf.
That on or about 21 October 2025, he resolved to personally assume the carriage and control of his case, in order to ensure a thorough personal review and to pursue appropriate redress where
necessary.
“That on 26th October 2025, he was granted access to his complete case file, which he studied line by line. In the course of this examination, he discovered that the judgment of this Honourable Court delivered on 15th December 2023 was, with respect, delivered per incuriam, as it rested upon statutes which had been repealed and displaced by subsequent enactment at the time material to the appeal.
“That upon making this discovery, he immediately resolved to file a Motion to set aside the said judgment, and this present application for extension of time is brought promptly, in good faith.”
The Supreme Court, on Monday, affirmed the constitutional power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos and anarchy.
In a split decision of six to one, the apex court upheld the President’s authority under the Constitution to proclaim a state of emergency.
The court further held that, during such a period, the President may suspend elected officials, provided any such suspension is for a limited duration.
Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures to restore normalcy where a state of emergency has been declared.
He noted that the provision does not specify the exact nature of those extraordinary measures, thereby vesting the President with discretion on how to act in such circumstances.
The judgment followed a suit instituted by states governed by the Peoples Democratic Party, challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu, during which elected state officials were suspended for six months. The Supreme Court had reserved judgment in the matter in October.
The plaintiffs were the Attorneys-General of PDP-controlled states, while the defendants were the Federal Government and the National Assembly.
The suit was filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The suit, marked SC/CV/329/2025, was predicated on eight grounds. The plaintiffs asked the Supreme Court to determine whether the President has the constitutional authority to suspend a democratically elected government in a state and whether the procedure adopted in declaring a state of emergency in Rivers State contravened the 1999 Constitution.
Among other reliefs, the plaintiffs urged the court to determine “whether, upon a proper construction and interpretation of Sections 1(2), 5(2), 176, 180, 188, and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend, or in any manner whatsoever interfere with, the offices of a Governor and the Deputy Governor of any of the 36 component States of the Federation and replace them with his unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the Plaintiffs’ States.”
They also asked “whether, upon a proper construction and interpretation of Sections 1(2), 4(6), 11(4) & (5), 90, 105, and 305 of the Constitution, the President can lawfully suspend the House of Assembly of any of the 36 States under the guise of, or pursuant to, a Proclamation of a State of Emergency in such States.”
In the earlier part of the judgment, Justice Idris upheld the preliminary objections raised by the defendants—the Attorney-General of the Federation and the National Assembly—against the competence of the suit.
He held that the plaintiffs failed to establish any cause of action capable of activating the original jurisdiction of the Supreme Court.
In the six-to-one majority decision, the court agreed that the plaintiffs did not demonstrate the existence of an actionable dispute between them and the Federation to warrant the exercise of the court’s original jurisdiction.
Consequently, Justice Idris struck out the suit for want of jurisdiction. He nevertheless proceeded to consider the substantive issues and dismissed the case on the merits.
However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part.
He agreed that the President has the power to declare a state of emergency, but held that such power cannot be used to suspend elected state officials, including governors, deputy governors, and members of state legislatures.
More to come…
Adeyeye Ajayi, Personal Assistant to the former Head of State, General Yakubu Gowon (retd.), has dismissed circulating reports claiming that the elder statesman is dead.
In a statement issued on Sunday, Ajayi described the reports as false and misleading, warning that the unverified claims could cause unnecessary panic among the public.
He urged Nigerians to disregard the rumours, stressing that Gowon is very much alive and in good health.
“The claims making the rounds on social media about the death of General Yakubu Gowon are completely false and misleading. There is no truth whatsoever in the reports. The former military leader continues to live an active and purposeful life,” the statement read.
Ajayi added that Gowon remains engaged in public affairs and continues to make meaningful contributions to national discourse.
“General Gowon is alive, in good health, and remains active. He continues to attend public events and contribute to discussions on peace, unity, and the development of Nigeria,” he said.
The aide cautioned against spreading unverified information, noting that such rumors could distress family members, associates, and the public.
He appealed to Nigerians to verify information from credible sources before sharing it, especially on social media, and urged citizens to act responsibly to curb the menace of fake news.
Reports claiming the former Nigerian Head of State had died had sparked widespread confusion on social media over the weekend.
Despite the absence of official confirmation, many users shared messages of condolence, highlighting the speed at which unverified news can spread online.
The Independent National Electoral Commission has commenced online accreditation for journalists and media organisations that intend to cover the 2026 Federal Capital Territory Area Council Election scheduled for Saturday, February 21, 2026.
In a notice released on Monday, the commission announced that the accreditation exercise is open to interested media organisations seeking to deploy journalists for election coverage.
According to the commission, “INEC has commenced online accreditation for journalists and media organisations intending to cover the FCT Area Council Election scheduled to hold on Saturday, 21st February, 2026.”
INEC stated that applications must be submitted through its official media accreditation portal at https://imap.inecnigeria.org
The announcement disclosed that it will be opened today, December 15, 2025, and will close on Sunday, February 8, 2026.
The commission stressed that applications submitted after the deadline will not be considered, noting that “Late submission shall not be entertaine
d as the portal will automatically shut down at midnight 12:00am (Midnight) on Sunday, 8th February, 2026.”
INEC further warned that “There will be no extension of time.”
INEC advised media organisations requiring further information on the accreditation process to contact the commission via the designated phone numbers, 07088844564 or 08032861058.
Candidates from 17 political parties are vying for 68 seats in the 2026 Area Council election. The figure, which includes six chairmanship and 62 councillorship positions across the six area councils- Abuja Municipal, Bwari, Gwagwalada, Kuje, Kwali, and Abaji.
Campaign activities are currently ongoing.
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