The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has received an unexpected notice from the Federal High Court demanding his appearance before the recused Justice Binta Murtala-Nyako.
Kanu’s Special Counsel, Barrister Aloy Ejimakor, made this clear on Friday following a routine visitation with Kanu by his legal team and family.
Ejimakor stated, “Our discussions revolved around the surprising notice compelling us to appear in court with Mazi Nnamdi Kanu on Monday, February 10, 2025. We will appear with bated breath, but we expect this matter to be handled with the utmost seriousness it deserves.”
Kanu’s legal team, led by Ejimakor, has filed a strong application to transfer the case, marked FHC/ABJ/CR/383/2015, from the Abuja Division to any Federal Court Division in the South-East states. This application, dated January 30, 2025, is firmly within the provisions of Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act.
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The need for this application arose after Justice Nyako recused himself from handling the case on September 24, 2024, following an oral request by Kanu made in open court.
The legal team asserts, “We have been clearly informed that after this recusal, Justice Murtala-Nyako forwarded the case file for reassignment to another judge in the Abuja division. However, it is evident that no judges in the Abuja division are willing to take on this case, leading to his return of the case back to Justice Binta Murtala-Nyako. We have received a notice setting the hearing for February 10, 2025.”
The team firmly states, “We categorically oppose sending this case file back to Justice Binta Murtala-Nyako because he lacks jurisdiction due to the existing order he has made. With no other judges in the Abuja division willing to take this case, it is imperative that we transfer it to a division in the Southeast geopolitical zone. The alleged offenses are directly linked to the Southeast, making its divisions the appropriate forums for this matter.”
“This request unequivocally 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.”
For these compelling reasons, we demand that our application be considered and granted before the scheduled hearing on February 10, 2025. This action is necessary to prevent a grave miscarriage of justice against the defendant.
Source: Sahara Reporters
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