The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a formal petition against Justice Binta Murtala-Nyako of the Federal High Court in Abuja. The petition, addressed to the Chief Justice of Nigeria (CJN) and Chairman of the National Judicial Council (NJC), Kudirat Kekere-Ekun, alleges judicial misconduct in the handling of Kanu’s case, specifically suit No. FHC/ABJ/CR/383/2015.
The petition, submitted by Kanu’s younger brother, Prince Emmanuel Kanu, highlights Justice Nyako’s decision to revoke Kanu’s bail and issue a bench warrant for his arrest. This decision led to Kanu’s alleged abduction in Kenya on June 19, 2021, and his subsequent extraordinary rendition to Nigeria.
Kanu further alleged that he was secretly brought before Justice Nyako on June 29, 2021, in violation of Sections 36(3) and 36(4)(a) of the 1999 Nigerian Constitution. He claimed the hearing, conducted without his legal counsel present, resulted in his remand in the custody of the Department of State Services (DSS), the same agency accused of orchestrating his extraordinary rendition.
The petition noted:
“The said hearing was scheduled and conducted without notice to the complainant’s counsel, violating Section 36(6)(c) of the Constitution. Furthermore, the complainant was remanded without being heard, contrary to Section 169 of the Administration of Criminal Justice Act 2015. Instead of being detained in a lawful prison, he was held in DSS custody, contrary to legal provisions.”
Supreme Court Ruling Ignored
Kanu also referenced a Supreme Court ruling on December 15, 2023, which criticized the military invasion of his home in 2017 that forced him to flee. The apex court ruled that Kanu’s flight was a reasonable response to the attack and declared the subsequent revocation of his bail and issuance of a bench warrant as unjustified.
The Supreme Court stated:
“The respondent’s absence was not intentional or deliberate. The actions of the prosecution, including the military invasion, made it impossible for him to appear in court. The trial court acted unfairly by revoking his bail and issuing a bench warrant based on the false assumption that he jumped bail.”
Despite this ruling, Justice Nyako reportedly denied Kanu’s application to restore his bail, which Kanu described as a violation of Section 287(1) of the Constitution.
Allegations of Rights Violations
The petition also highlighted Kanu’s grievances regarding his detention conditions. He alleged that the DSS restricted his access to legal counsel, eavesdropped on his conversations, and seized legal documents crucial to his defense. When he sought a transfer to a different facility and objected to the restrictions, Justice Nyako reportedly dismissed his applications.
On September 24, 2024, Kanu applied for Justice Nyako to recuse herself from his trial. Although the judge initially agreed, the petition claims she later reversed her decision and is now preparing to preside over the case again.
Call for Disciplinary Action
Kanu’s petition concludes that Justice Nyako’s actions constitute judicial misconduct, fraud, and disregard for constitutional provisions. It states:
“Her refusal to reinstate the complainant’s bail and her disregard for the Supreme Court’s ruling amount to a clear violation of the Constitution. The complainant prays the Council to discipline Justice Binta Murtala-Nyako in accordance with established rules for erring judicial officers.”
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