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Nnamdi Kanu seeks justice, petitions Chief Judge Kekere-Ekun over Judge Nyako’s misconduct.

Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has filed a formal complaint against Justice Binta Nyako of the Federal High Court, Abuja, with Nigeria’s Chief Justice, Kudirat Kekere-Ekun, who also serves as Chairman of the National Judicial Council. The petition accuses Justice Nyako of misconduct in handling Kanu’s legal case (FHC/ABJ/CR/383/2015), which centers on allegations of unfair treatment during his trial.

 

Kanu, represented by his brother Emmanuel Kanu, stated that Justice Nyako initially granted him bail but later revoked it and issued a bench warrant, leading to his extraordinary rendition from Kenya to Nigeria in June 2021. He claims that his secret appearance before Justice Nyako on June 29, 2021, violated constitutional provisions requiring fair trial procedures, including the presence of his legal counsel.

 

Kanu alleges the hearing was conducted without notifying his lawyer and that he was remanded in Department of State Services (DSS) custody instead of prison, as required by law. He remains in detention under these conditions

 

Kanu highlighted a December 15, 2023, Supreme Court ruling, which stated that his bail was wrongfully revoked. The court acknowledged that Kanu fled Nigeria after a military invasion of his home and ruled that his absence from court was not deliberate. The court also criticized the prosecution for misleading the trial court into revoking his bail.

 

Despite this, Justice Nyako rejected Kanu’s application to restore his bail during an April 2024 hearing, an action Kanu describes as unconstitutional and disrespectful to the Supreme Court’s authority.

 

Kanu also accused the DSS of restricting his access to legal counsel, monitoring his conversations, and confiscating his legal documents. These actions, he argues, have compromised his ability to prepare a defense. Justice Nyako denied his request to transfer from DSS custody and declined to address these complaints.

 

In September 2024, Kanu applied for Justice Nyako’s recusal from his trial, which she initially granted. However, he claims she later reversed this decision and is preparing to preside over his case again. Kanu argues this amounts to judicial fraud and non-compliance with constitutional and legal standards.

 

The petition demands disciplinary action against Justice Nyako, citing her refusal to restore Kanu’s bail and other alleged violations as abuses of judicial power. Kanu insists that her actions have caused significant harm, including his prolonged detention.

 

The complaint has been submitted to the National Judicial Council for review and potential disciplinary measures against Justice Nyako.

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