Nnamdi Kanu, the embattled leader of the Indigenous People of Biafra (IPOB), has formally requested that his trial be transferred from the Federal High Court in Abuja to a court in the South-East.
Kanu’s application was made pursuant to Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act. His lead counsel, Aloy Ejimakor, submitted the application to the Chief Judge of the Federal High Court in Abuja on January 30, 2025.
Kanu’s legal team cited several reasons for the request, particularly highlighting that Justice Binta Murtala-Nyako had recused herself from the case on September 24, 2024. The recusal followed Kanu’s formal request for her withdrawal due to concerns over bias and lack of confidence in her handling of the trial.
In his application, Ejimakor explained:
“On September 24, 2024, Honorable Justice Binta Murtala-Nyako issued an order recusing herself from handling this case, following an oral application made by the Defendant in open court. The said order is attached as Annexure 1.”
Following the judge’s recusal, the case file was sent to the Chief Judge for reassignment. However, according to Kanu’s legal team, no judge in the Abuja division agreed to take the case. As a result, the Chief Judge sent the case file back to Justice Murtala-Nyako, who subsequently issued a hearing notice setting the next court date for February 10, 2025.
Ejimakor strongly objected to Justice Murtala-Nyako resuming the case, arguing that; “Justice Murtala-Nyako no longer has jurisdiction over this matter, as he has already recused himself from the case. By sending the case back to him, the court is disregarding the subsisting order of recusal that he had personally made and signed.”
Given that no judge in Abuja is willing to handle the trial, Kanu’s lawyers argue that the only viable option is to transfer the case to a division of the Federal High Court in the South-East. They justify this by stating that the alleged offenses are said to have occurred in the South-East, not Abuja. This, according to them, gives the courts in the South-East a stronger jurisdiction over the case.
The legal team also referenced the legal precedent of IBORI vs. FRN (2009)3 NWLR (pt.1128) 283, which supports the transfer of a case to a more appropriate jurisdiction when necessary.
The defense insists that the transfer request should be granted before the next hearing date on February 10, 2025, to prevent a miscarriage of justice.
“In the interest of fairness and justice, we respectfully urge the court to approve this request and transfer the case to any division in the South-East before the next hearing,” Ejimakor concluded his application.
The request now awaits the decision of the Chief Judge of the Federal High Court. If granted, the trial of Nnamdi Kanu will no longer take place in Abuja but in a court located in the South-East geopolitical zone.
