The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has received an impromptu notice to appear before Justice Binta Murtala-Nyako, despite her prior recusal from the case.
Kanu’s special counsel, Barrister Aloy Ejimakor, disclosed this on Friday after a routine visitation by the legal team and family members.
Nnamdi Kanu Demands Case Transfer to Southeast After Justice Nyako’s Recusal
Legal Battle Over Jurisdiction
Kanu’s legal team, led by Ejimakor, had earlier applied for the transfer of the suit FHC/ABJ/CR/383/2015 from the Abuja Division to any Federal Court Division in the Southeast states. This was based on an order entered by Justice Nyako on September 24, 2024, recusing herself following an oral application made by Kanu in open court.
However, the case file was reportedly returned to Justice Nyako after no judge in the Abuja Division accepted the case. Kanu’s legal team has strongly protested this move, arguing that Justice Nyako no longer has jurisdiction over the matter.
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Legal Team’s Protest and Request for Transfer
Ejimakor stated, “Given that no other judge in the Abuja division is willing to take the case, the only option left is to transfer it to any division of the Federal High Court in the Southeast, where the alleged offences are said to have had an impact.”
Citing legal precedents, the legal team emphasised that transferring the case aligns with Order 49, Rule 3 of the Federal High Court Rules 2019, Section 45 of the Federal High Court Act, and the IBORI vs. FRN (2009) 3 NWLR (pt.1128) 283 ruling.
Call for Justice and Fair Trial
With Kanu’s scheduled appearance on February 10, 2025, concerns are rising over potential legal complications. His lawyers insist that allowing a recused judge to preside over the case could lead to a grave miscarriage of justice.
The IPOB leader’s case has remained a subject of intense legal and political debate, with calls for a fair and transparent judicial process.
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Stay updated for more breaking news on this developing legal battle.