The chief of the Indigenous Folk of Biafra, Nnamdi Kanu, has won a court docket line mandating him to seem for a listening to on Monday, February 10, 2025, ahead of Justice Binta Nyako of the Federal Top Courtroom Abuja.
This used to be contained in a listening to understand acquired by means of our correspondent on Friday.
The attention, dated January 22, 2025, used to be addressed to Kanu’s top recommend, Aloy Ejimakor.
Recall that Kanu had previous asked that his case be transferred to the South-East if disagree pass judgement on on the Federal Top Courtroom in Abuja used to be keen to care for it, with the exception of Justice Nyako.
On September 24, 2024, all the way through one of the vital court docket classes, Kanu asked the clear court docket that Justice Nyako recuse herself from his trial, mentioning a deficit of self belief in her dealing with of the case.
Following this request, Justice Nyako recused herself and transferred the case document to Justice Tsoho. Alternatively, Justice Tsoho due to this fact returned the case document to Justice Nyako for the continuation of the trial.
Kanu has since maintained that Justice Nyako presiding over the case later her recusal would quantity to a contravention of her personal judicial orders.
He steered his felony group to assure that she refrains from dealing with the case.
In line with the listening to understand, Ejimakor expressed miracle, mentioning that they “shall appear with bated breath.”
The listening to understand learn partially, “Swimsuit Refuse: FHC/ABJ/CR/383/2015 – Listening to understand between the Federal Republic of Nigeria (Plaintiff) and Nnamdi Kanu (Defendant). This example shall be transferred from the overall motive record to the listening to paper for Monday, the tenth hour of February 2025, at 9:00 a.m. within the forenoon and can come directly to be heard on that hour if the industry of the court docket allows, or another way on some adjournment hour of which you are going to obtain disagree additional understand.
“If both birthday party wants to put off the listening to, they should practice to the Courtroom once conceivable for that goal. If the appliance is in line with any subject of reality, the applicant should be ready to lend evidence of the ones information.
“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 the meantime, Kanu, thru his recommend Ejimakor, reiterated his want to have the subject transferred to a Top Courtroom within the South- East in a letter dated January 30, 2025.
The letter said, “We’re Solicitors-of-Report to the Defendant, Mazi Nnamdi Kanu (hereafter: our Shopper/Defendant), within the above-captioned subject. Pursuant to Layout 49, Rule 3 of the Federal Top Courtroom Regulations 2019 and Division 45 of the Federal Top Courtroom Employment, we hereby humbly practice for the switch of this subject from the Abuja section of the Federal Top Courtroom to any section of the Courtroom within the Southeast. Our software is grounded on refer to:
“On twenty fourth September 2024, Honorable Justice Binta Murtala-Nyako entered an Layout recusing herself from dealing with this example, pursuant to an oral software made by means of the Defendant in clear court docket. The mentioned Layout is hereby connected and marked as Annexure 1.
“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 Abuja division of the Federal High Court. However, it came to pass that Your Lordship was unable to reassign the case because no Judge in the Abuja division agreed to take it. Consequently, the case file was sent back to Justice Nyako, from whose Court we have now received a hearing notice setting the matter down for hearing on 10th February 2025.”
Ejimakor within the letter argued that Justice Nyako not has jurisdiction to care for the case following her recusal, which he described as binding.
He additional said, “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 Southeast geopolitical zone, especially since the alleged offences have an impact in the Southeast (and not Abuja). This gives the Southeast divisions superior jurisdiction compared to Abuja.”
Ejimakor appealed to the Courtroom to believe their request to prohibit a miscarriage of justice for the Defendant.