The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has been unexpectedly summoned to appear before Justice Binta Murtala-Nyako of the Federal High Court. This comes despite the judge previously recusing herself from the case.
Kanu’s Special Counsel, Barrister Aloy Ejimakor, disclosed this on Friday following a routine visit by the legal team and the IPOB leader’s family.
“Our discussions centered on the surprising notice we received, instructing us to appear in court with Mazi Nnamdi Kanu on Monday, February 10, 2025. We shall attend with bated breath,” Ejimakor stated.
Legal Team Seeks Case Transfer
Ejimakor and his team had earlier filed an application requesting the transfer of the case, identified as FHC/ABJ/CR/383/2015, from the Abuja Division to a Federal High Court in any of the South-East states.
The application, dated January 30, 2025, was submitted under Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act. The legal team argued that this request followed an order by Justice Nyako on September 24, 2024, recusing herself from the case after Kanu’s oral application in open court.
Confusion Over Case Reassignment
The legal team explained that after Justice Nyako stepped aside, she promptly transferred the case file to the Chief Judge for reassignment to another judge in Abuja. However, no judge in the Abuja Division was willing to take on the case.
“This led to a situation where the Chief Judge has now sent the case back to Justice Binta Murtala-Nyako, from whose court we received a hearing notice scheduling the matter for February 10, 2025,” the legal team stated.
Protest Against Returning to Recused Judge
Kanu’s lawyers strongly opposed the return of the case to Justice Nyako, insisting that she no longer has jurisdiction due to her previous recusal.
“We are formally protesting the decision to send this case back to Justice Binta Murtala-Nyako because His Lordship had already stepped down from handling it,” the team argued.
They further emphasized that since no Abuja judge is willing to preside over the matter, the case should be moved to a South-East court, where the alleged offenses occurred.
“This aligns with Order 49, Rule 3 of the Federal High Court Rules 2019, Section 45 of the Federal High Court Act, and the precedent set in IBORI vs. FRN (2009) 3 NWLR (Pt.1128) 283,” the legal team added.
Call for Urgent Action
The legal team urged the court to grant their request before the February 10 hearing to prevent what they described as a “grave miscarriage of justice” against Kanu.
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