PoliticalNews Nigeria reviews that the embattled chief of the Indigenous Folks of Biafra (IPOB), Nnamdi Kanu, introduced that he had obtained an surprising summons from the Federal Excessive Court docket to seem earlier than the recused Justice Binta Murtala-Nyako of the identical courtroom.
Kanu’s Particular Counsel, Barrister Aloy Ejimakor, revealed this in an announcement launched on Friday, February 7, following a routine go to by the authorized crew and Kanu’s household.
Kanu’s authorized representatives, headed by Ejimakor, had submitted a request to the courtroom for the relocation of the case recognized as FHC/ABJ/CR/383/2015 from the Abuja Division to any Federal Court docket Division situated within the South-East area.
The request dated January 30, 2025, which was filed in accordance with Order 49, Rule 3 of the Federal Excessive Court docket Guidelines 2019 and Part 45 of the Federal Excessive Court docket Act, Kanu’s authorized crew said that their software was a results of an Order given by Justice Nyako on September 24, 2024, through which he recused himself from the case following an oral request made by Kanu throughout a public courtroom session.
Within the assertion launched as we speak, Ejimakor mentioned, “Our discussions centred on the stunning Discover we obtained to seem in courtroom with Mazi Nnamdi Kanu on Monday, tenth February 2025. We will seem with a bated breath.
“We’re reliably knowledgeable that, following the mentioned recusal, Justice Murtala-Nyako promptly despatched the case file to Your Lordship for the aim of reassigning it to a different Decide of the identical Abuja division of the Federal Excessive Court docket.
“Nonetheless, it got here to cross that Your Lordship was unable to reassign the case to a different Decide of the Abuja division as a result of none of Their Lordships (within the Abuja division) agreed to take the case, thus resulting in the scenario the place Your Lordship has now despatched the case again to Justice Binta Murtala-Nyako, from whose Court docket we obtained a listening to discover setting the matter down for listening to earlier than His lordship on tenth of February, 2025.”
The authorized crew added, “We’re minded to hereby protest sending this case file again to Justice Binta Murtala-Nyako as a result of His Lordship now not has jurisdiction as he stands recused by advantage of the subsisting Order that His Lordship had made and enrolled below his hand.
“On condition that no different decide within the Abuja division is keen to take the case, the one possibility left is to switch the case to any division of the Federal Excessive Court docket within the Southeast geopolitical zone, particularly because the offenses are alleged to have had impression in Southeast (and never Abuja), which thus offers the Southeast divisions a far superior jurisdiction than another division, together with Abuja.
“This additionally accords with Order 49, Rule 3 of Federal Excessive Court docket Guidelines 2019, Part 45 of the Federal Excessive Court docket Act and the case of IBORI vs. FRN (2009)3 NWLR (pt.1128) 283.
“For the foregoing causes, we respectfully request that our humble software be thought-about and granted earlier than the listening to scheduled for tenth February, 2025 with the intention to forestall a grave miscarriage of justice to the Defendant.”