Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has asked that his case be transferred to a federal high court in the south-east if no judge in Abuja is willing to preside over it.
BACKGROUND
On September 24, Binta Nyako, a federal high court judge, recused herself from Kanu’s case after an oral application by the defendant.
“I hereby recuse myself and remit the case file back to the chief judge,” Nyako had said.
Kanu directly told Nyako that he no longer had confidence in her handling of his trial.
However, John Tsoho, chief judge of the federal high court, returned the file to Nyako on the ground that Kanu’s application must be formally brought before the court through a motion on notice.
However, Kanu has insisted that he would not stand trial before Nyako.
‘THE COURT WOULD BE DISOBEYING ITS OWN ORDER’
In a statement on Wednesday, Aloy Ejimakor, counsel to the defendant, said he has been instructed by Kanu to ensure Nyako does not continue to preside over the case.
“The central issue arising at today’s visitation is the upcoming court date for the continuation of MNK’s case,” Ejimakor said.
“Due to its constitutional implications, Onyendu instructed the legal team to take certain prompt steps to ensure that his case is not handled by the same justice Binta Murtala-Nyako who had withdrawn from the case by virtue of the order of recusal entered on 24th September 2024.
“The point was stressed that should the case still lie with justice Murtala-Nyako, it would mean that the same court is disobeying an order that it made.
“We are therefore looking forward to going to court as long as another judge of the federal high court is assigned to the case.
“If no other judge in Abuja is willing to handle the case, the chief judge is free to transfer the case to Umuahia, Awka, Enugu, Asaba, Port Harcourt or any other federal high court within the former eastern Nigeria where the offences were alleged to have happened or allegedly had impact.”