Kanu’s legal team led by Ejimakor had filed an application before the court for the transfer of the suit marked FHC/ABJ/CR/383/2015 from the Abuja Division to any Federal Court Division in the South-East states.
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, said he has received an impromptu notice from the Federal High Court to appear the recused Justice Binta Murtala-Nyako of the court.
Kanu’s Special Counsel, Barrister Aloy Ejimakor, made this known on Friday after the legal team and the IPOB leader’s family concluded routine visitation with him.
Ejimakor said, “Our discussions centered on the surprising Notice we received to appear in court with Mazi Nnamdi Kanu on Monday, 10th February 2025. We shall appear with a bated breath.”
Kanu’s legal team led by Ejimakor had filed an application before the court for the transfer of the suit marked FHC/ABJ/CR/383/2015 from the Abuja Division to any Federal Court Division in the South-East states.
In the application dated January 30, 2025, filed pursuant to Order 49, Rule 3 of Federal High Court Rules 2019 and Section 45 of the Federal High Court Act, Kanu’s legal team said that the application was sequel to an Order entered by Justice Nyako on September 24, 2024, recusing himself from handling the case, pursuant to an oral application made by Kanu in open court.
According to the team, “We are reliably informed that, following the said recusal, Justice Murtala-Nyako promptly sent the case file to Your Lordship for the purpose of reassigning it to another Judge of the same Abuja division of the Federal High Court.
“However, it came to pass that Your Lordship was unable to reassign the case to another Judge of the Abuja division because none of Their Lordships (in the Abuja division) agreed to take the case, thus leading to the situation where Your Lordship has now sent the case 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 of February, 2025.
“Lordship has now sent the case 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 added, “We are minded to hereby protest sending this case file back to Justice Binta Murtala-Nyako because His Lordship no longer has jurisdiction as he stands recused by virtue of the subsisting Order that His Lordship had made and enrolled under his hand.
“Given that no other judge in the Abuja division is willing to take the case, the only option left is to transfer the case to any division of the Federal High Court in the Southeast geopolitical zone, especially since the offenses are alleged to have had impact in Southeast (and not Abuja), which thus gives the Southeast divisions a far superior jurisdiction than any other division, including Abuja.
“This also accords with Order 49, Rule 3 of Federal High Court Rules 2019, Section 45 of the Federal High Court Act and the case of IBORI vs. FRN (2009)3 NWLR (pt.1128) 283.
“For the foregoing reasons, we respectfully request that our humble application be considered and granted before the hearing scheduled for 10th February, 2025 in order to prevent a grave miscarriage of justice to the Defendant.”
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