The trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra, has been indefinitely postponed by Federal High Court Judge Binta Nyako in Abuja.
Following Kanu’s contention that Nyako cannot preside over his case due to her prior recusal, the ruling was made on Monday.
IREPORT247NEW reported that Nnamdi Kanu was directed to appear before Federal High Court Judge Binta Nyako in Abuja on Monday, February 10, 2025. Kanu through his attorney had previously asked that his case be moved to the South-East if no judge other than Justice Nyako at the Federal High Court in Abuja was ready to hear it.
” We are Solicitors-of-Record to the Defendant, Mazi Nnamdi Kanu (hereafter: our Client/Defendant), in the above-captioned matter. Pursuant to Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act, we hereby humbly apply for the transfer of this matter from the Abuja division of the Federal High Court to any division of the Court in the South-East”
“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 South-East geopolitical zone, especially since the alleged offences have an impact in the South-East (and not Abuja). This gives the South-East divisions superior jurisdiction compared to Abuja.”
But Justice Tsoho later gave the case file back to Justice Nyako so that the trial may continue. Since then, Kanu has insisted that it would be against her own court orders for Justice Nyako to continue to preside over the case after she recused herself.
He gave his lawyers instructions to make sure she didn’t take on the case.
Kanu’s attorney, Ejimakor, responded to the notice of the hearing on Monday with astonishment, saying they “shall appear with bated breath.”
Part of the hearing notice read, “Suit No:FHC/ABJ/CR/383/2015 – Hearing notice between the Federal Republic of Nigeria (Plaintiff) and Nnamdi Kanu (Defendant). This case will be transferred from the general cause list to the hearing paper for Monday, the 10th day of February 2025, at 9:00 a.m. in the forenoon and will come on to be heard on that day if the business of the court permits, or otherwise on some adjournment day of which you will receive no further notice.
“If either party desires to postpone the hearing, they must apply to the court as soon as possible for that purpose. If the application is based on any matter of fact, the applicant must be prepared to provide proof of those facts.
“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.”
Case Adjournments
“The only decision I can make right now is that in light of what is happening now in court, I am going to adjourn this case sine die (indefinitely),” Justice Nyako said in her ruling.
Kanu responded to the judge’s ruling by saying, You have no jurisdiction to adjourn anything. None whatsoever. You cannot make an order without jurisdiction. The memo from the Chief Judge cannot confer jurisdiction upon you.”