The detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has expressed preference that his case be transferred to the South-East if no judge at the Federal High Court in Abuja is willing to preside over it apart from Justice Binta Nyako.
Kanu’s request was outlined in a statement issued on Wednesday by his lead counsel, Aloy Ejimakor, after a routine meeting between Kanu and his legal team at the Department of State Services, DSS, facility in Abuja.
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This request follows Justice Nyako’s decision to step down from the case on September 24, 2024, citing Kanu’s expressed lack of trust in her ability to handle the trial impartially.
The case was later reassigned to the Chief Judge of the Federal High Court, Justice John Tsoho, who eventually referred it back to Justice Nyako for continuation.
Kanu has persistently opposed Justice Nyako’s return to the case, arguing that her reappointment after recusal compromises the credibility of the judicial process.
In the statement, Ejimakor disclosed that Kanu had instructed his legal team to ensure that Justice Nyako does not preside over the trial.
The statement noted; “The routine visitation to Onyendu Mazi Nnamdi Kanu continues unabated, as the legal team just concluded a crucial visitation today.
“The central issue arising at today’s visitation is the upcoming court date for the continuation of MNK’s case.
“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to take certain prompt steps to ensure that his case is not handled by the same Justice Binta Murtala-Nyako, who had withdrawn from the case by virtue of the order of recusal entered on 24th September 2024.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.”
Kanu’s legal team has called for the appointment of a new judge and suggested relocating the trial to a Federal High Court in the South-East if necessary, as the alleged offenses are linked to that region.
“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 alleged offenses were said to have occurred or had their impact,” the statement added.
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