The detained leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, has filed a fresh motion before the Court of Appeal in Abuja, seeking to stop the impending judgment in his ongoing trial before the Federal High Court.
Kanu, who has remained in the custody of the Department of State Services (DSS) since his re-arrest in 2021, is asking the appellate court to restrain Justice James Omotosho of the Federal High Court, Abuja, from delivering judgment on November 20, 2025, pending the hearing and determination of his appeal.
The motion, filed on Wednesday, November 12, 2025, was personally signed and presented by Kanu at the Court of Appeal registry. The application specifically seeks an order staying the proceedings of the trial court in Case No. FHC/ABJ/CR/383/2015: Federal Republic of Nigeria vs. Nnamdi Kanu, until his appeal challenging several rulings of the lower court is heard and decided.
In his motion, Kanu asked the appellate court to intervene in what he described as fundamental violations of his right to fair hearing and due process. He noted that the Federal High Court had declined to determine key constitutional and jurisdictional questions raised during the trial, which he argued strike at the very foundation of the case.
Among the issues raised in the appeal are the trial court’s refusal to rule on the validity of the charges filed against him, its decision to foreclose his right to call witnesses in his defence, and its ruling dismissing his No Case Submission. Kanu maintains that these procedural decisions have prejudiced his right to a fair and balanced trial.
His lawyer, Barrister Aloy Ejimakor, confirmed the development to reporters, explaining that the application was filed in person by Kanu at the Court of Appeal. Ejimakor said the motion was necessary to prevent what he described as a miscarriage of justice that could occur if the lower court proceeds with its judgment before the appeal is heard.
“The application is to ensure that the Federal High Court does not proceed to judgment while critical jurisdictional and constitutional issues remain unresolved,” Ejimakor stated. “It is only fair that the appellate court considers these issues first, so that justice is not compromised.”
In the motion, Kanu argued that despite presenting serious constitutional questions regarding the legality of his trial, the lower court refused to determine them and proceeded with the case in a manner that undermines his right to defence. He also alleged that the trial judge failed to properly evaluate the credibility of the prosecution’s witnesses in light of cross-examination and ignored inconsistencies in their testimonies.
Kanu further noted that although he had filed a list of witnesses prepared to testify on his behalf, the trial court refused to hear from them and instead decided to close the defence prematurely. According to him, this decision amounted to a denial of his right to a fair hearing as guaranteed by the Nigerian Constitution.
He warned that unless the Court of Appeal intervenes, the Federal High Court might proceed to deliver a judgment that could lead to his unlawful conviction without due consideration of the validity of the charges, the jurisdiction of the trial court, or the opportunity to present a defence on the merits.
Kanu stressed that granting the stay of proceedings would not prejudice the Federal Government’s case, pointing out that the matter has been pending since 2015 and has suffered multiple adjournments and procedural delays. He said the only fair course of action would be to allow the Court of Appeal to address the unresolved legal questions before any final decision is taken at the trial level.
Observers note that this latest move is part of Kanu’s broader legal strategy to challenge the jurisdiction of the Federal High Court over his case and to question the legality of his continued detention by the DSS. His legal team has consistently argued that his arrest and extradition from Kenya in 2021 were unlawful and in violation of international conventions.
The Court of Appeal is expected to fix a date soon to hear Kanu’s fresh motion. Meanwhile, his supporters have continued to express optimism that the appellate court will grant the stay of proceedings and ensure a fair hearing.
The Federal Government has yet to issue an official response to the appeal, although legal analysts believe the case could once again test the limits of Nigeria’s judicial process and the constitutional balance between national security and individual rights.
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