Biafra: Nnamdi Kanu Requests Transfer of Trial to South-East

The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has formally requested the Federal High Court in Abuja to transfer his case to the South-East.

Kanu’s legal team, led by Aloy Ejimakor, submitted the application in accordance with Order 49, Rule 3 of the Federal High Court Rules 2019 and Section 45 of the Federal High Court Act. The request, dated January 30, 2025, was addressed to the Chief Judge of the Federal High Court.

Why Kanu Wants the Case Moved

Kanu’s request comes after Justice Binta Murtala-Nyako of the Abuja Federal High Court recused herself from the case on September 24, 2024. This followed Kanu’s open-court application, citing a lack of confidence in the judge’s handling of the trial.

Ejimakor argued that following Justice Murtala-Nyako’s recusal, the case file was sent to the Chief Judge for reassignment. However, no other judge in Abuja agreed to take over the case. As a result, the case was reportedly sent back to Justice Murtala-Nyako, who has now scheduled a hearing for February 10, 2025.

Ejimakor objected to this move, stating:

“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.”

South-East Courts Have ‘Superior Jurisdiction’

Ejimakor further argued that since the alleged offenses took place in the South-East, it would be legally appropriate for the trial to be held there.

“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.”

He cited legal provisions and past rulings, including IBORI vs. FRN (2009) 3 NWLR (pt.1128) 283, to support his argument.

Urgent Request for Transfer

Kanu’s legal team has urged the Chief Judge to make a decision before the February 10, 2025 hearing to prevent what they described as a “grave miscarriage of justice” against their client.