The leader of the Indigenous People of Biafra, Nnamdi Kanu, has been summoned to appear before Justice Binta Nyako of the Federal High Court, Abuja, for a hearing scheduled for Monday, February 10, 2025.
The PUNCH reported that a hearing notice which was obtained on Friday, dated January 22, 2025, and addressed to Kanu’s lead counsel, Aloy Ejimakor, revealed the development.
Kanu had previously sought a transfer of his case to a South-East division of the Federal High Court, insisting that no judge in Abuja, apart from Justice Nyako, was willing to preside over the matter.
During a court session on September 24, 2024, Kanu openly requested that Justice Nyako recuse herself from the case, citing his lack of confidence in her handling of the trial.
The judge complied, recusing herself and transferring the case file to Justice John Tsoho. However, Justice Tsoho later returned the file to Justice Nyako for the continuation of the trial.
Kanu’s legal team protested the development, arguing that Justice Nyako’s return to the case was a violation of her earlier decision to step aside. Kanu instructed his counsel to ensure that Justice Nyako did not preside over the trial again.
Reacting to the latest hearing notice, Ejimakor expressed surprise but confirmed their readiness to appear. “We shall appear with bated breath,” he said.
The hearing notice reads in part, “Suit No: FHC/ABJ/CR/383/2015 – Hearing notice between the Federal Republic of Nigeria (Plaintiff) and Nnamdi Kanu (Defendant). This case will be transferred from the general cause list to the hearing paper for Monday, the 10th day of February 2025, at 9:00 a.m. in the forenoon and will come on to be heard on that day if the business of the court permits, or otherwise on some adjournment day of which you will receive no further notice.
“If either party desires to postpone the hearing, they must apply to the court as soon as possible for that purpose. If the application is based on any matter of fact, the applicant must be prepared to provide proof of those facts.
“The parties are warned that at the hearing, they are required to bring forward all the evidence by witnesses or documents they desire to rely on in support of their case or in contradiction of their opponent’s case.
“The proof will be required at the hearing and not on a subsequent day. Parties failing to bring their evidence forward at the proper time may find themselves precluded from adducing it, or, at best, allowed to do so on payment of substantial costs to the other side and under such terms as the court deems fit.”
In response, Kanu’s legal team reiterated his request to have the trial moved to a South-East division of the court.
In a letter dated January 30, 2025, Ejimakor referenced Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act, urging the court to transfer the case to prevent a miscarriage of justice.
“We are Solicitors-of-Record to the Defendant, Mazi Nnamdi Kanu (hereafter: our Client/Defendant), in the above-captioned matter. Pursuant to Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act, we hereby humbly apply for the transfer of this matter from the Abuja division of the Federal High Court to any division of the Court in the South-East,” the letter read.
Ejimakor stressed that Justice Nyako no longer has jurisdiction following her recusal, which he described as binding.
“Given that no other judge in the Abuja division is willing to take the case, the only viable option is to transfer the case to any division of the Federal High Court in the South-East geopolitical zone, especially since the alleged offences have an impact in the South-East (and not Abuja). This gives the South-East divisions superior jurisdiction compared to Abuja,” he stated.
He appealed to the court to consider the request and avoid a potential miscarriage of justice for his client.
