Justice Binta Nyako of the Federal High Court in Abuja has sprung a surprise by ordering Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), to appear before her on February 10, 2025.
This is coming weeks after she withdrew from the case, citing unknown reasons.
The sudden notice has sparked fresh fireworks in the ongoing Kanu’s trial, who is facing charges linked to separatist activities.
Kanu’s team led by counsel Aloy Ejimakor confirmed the notice and said they will comply with the court order.
During a recent visit to Kanu in detention, Ejimakor said the defence team will go to court “with bated breath” as they are worried about the proceedings.
He faulted the decision to keep the case in Abuja, saying the alleged offences are tied to IPOB’s activities in the Southeast.
Judicial Recusal and Jurisdictional Dispute
When Justice Nyako recused herself, the case file was sent to the Chief Judge of the Federal High Court for reassignment.
But Ejimakor said no judge in Abuja division agreed to take the case and the Chief Judge was forced to return the file to Nyako.
Legal experts say this is not common but not uncommon in political cases.
For context, Section 19 of the Federal High Court Act allows for case transfer between divisions when jurisdictional fairness or logistical convenience is at stake.
Ejimakor has already petitioned for the trial to be moved to a Southeast state, saying the region’s courts have “superior jurisdiction” under the Nigerian law.
“The charges against Kanu are rooted in events that happened in the Southeast,” he said. “Transferring this case will be in line with constitutional principles of equity and proximity.”
Broader Implications
The decision to keep the case in Abuja raises questions of judicial impartiality especially as IPOB is a proscribed organisation by the Nigerian government.
Kanu has been in detention since 2021, and international groups like Amnesty International have been criticising the government’s handling of his trial.
Experts say the next hearing will set a pace on how the Nigerian judiciary will handle cases of regional unrest.
As Ejimakor’s team heads to court to challenge the jurisdictional stance, we wait to see if it will be procedural reforms or political pressure that will prevail.
For now, Kanu’s appearance in February 2025 is another chapter in a trial that will continue to test Nigeria’s respect for the rule of law. As the debates on fairness and federalism heat up, this case shows the thin line between national security and the rights of defendants in political cases.