Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has received unexpected notification from the Federal High Court to appear before the recused Justice Binta Murtala-Nyako.
This information was released on Friday by Kanu’s Special Counsel, Barrister Aloy Ejimakor, following a routine visit with Kanu by his legal team and family.
“Our discussions centered on the surprising Notice we received to appear in court with Mazi Nnamdi Kanu on Monday, 10th February 2025,” Mr. Ejimakor stated. “We shall appear with a bated breath.”
Kanu’s legal team, also led by Mr. Ejimakor, had previously submitted an application to the court requesting the transfer of suit FHC/ABJ/CR/383/2015 from the Abuja Division to a Federal Court Division in the South-East.
Dated 30th January 2025, the application, submitted in accordance with Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act, followed an order issued by Justice Nyako on 24th September 2024, recusing himself from the case following an oral application by Kanu.
The team explained that Justice Nyako had subsequently sent the case file for reassignment to another judge within the Abuja division. However, no other judge in the Abuja division agreed to hear the case, resulting in the file being returned to Justice Nyako, from whose court they then received the hearing notice for the 10th February 2025.
“The case has now been sent back to Justice Binta Murtala-Nyako, from whose court we received a hearing notice setting the matter down for hearing before his lordship on 10th February 2025,” the legal team confirmed.
They expressed their concern about the case file being returned to Justice Nyako, arguing that he no longer has jurisdiction, having recused himself.
Given the reluctance of other Abuja-based judges to take on the case, the legal team suggested that the only remaining option is to transfer the case to a Federal High Court Division in the South-East. They emphasised that the alleged offences occurred in the South-East (not Abuja), giving South-Eastern divisions a stronger claim to jurisdiction.
They further argued that this course of action 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.
Consequently, the legal team formally requested that their application be considered and granted before the 10th February 2025 hearing to prevent a serious miscarriage of justice.
