Detained leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu has been directed to be produced before Justice Binta Murtala-Nyako on Monday February 10, 2025.
The impromptu production order follows the inability of the Chief Judge of the Federal High to reassign Mazi Nnamdi Kanu’s case after Justice Murtala-Nyako recused herself from the trial of the IPOB leader.
Speaking with journalists in Abuja, the lead counsel of Mazi Kanu, Mr. Alloy Ejimakor who expressed surprise over the impromptu order said he is expectant and will appear on Monday withe “a batted breath.”
Sponsored Ad
“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.”
Earlier, Mazi Kanu’s legal team 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
“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.”
“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.”
Several prominent figures across Nigeria have called on the federal government to release the detained IPOB leader who has been in detention since 2021.
In July 2024 the Southeast Caucus of the House of Representatives had called on President Bola Ahmed Tinubu to release Mazi Nnamdi Kanu.
Also, on Thursday, the Deputy Speaker of the House of Representatives, Hon Benjamin Okezie Kalu pleaded with President Bola Tinubu to “temper justice with mercy ” and release Mazi Kanu in the spirit of rebuilding the Southeast which according to him formed the signing rhe Southeast Development Commission Bill into law earlier.
On Friday, the lawmaker representing Ohaozara/Onicha/Ivo Federal Constituency of Ebonyi State, Hon. Kama Nkemkanma Kama also through an Open Letter addressed to President Tinubu also called for the release of the detained IPOB leader reiterating that the gesture will amount to a healing balm that will cement Nigeria’s unity and further reintegrate the economy of the South-East region for greater prosperity for the whole nation.