The leader of the Indigenous People of Biafra, Nnamdi Kanu, has been directed to appear for a hearing on Monday, February 10, 2025, before Justice Binta Nyako of the Federal High Court, Abuja.

This information was included in a hearing notice obtained by journalists on Friday.

Dated January 22, 2025, the notice was addressed to Kanu’s lead counsel, Aloy Ejimakor.

Previously, Kanu had requested that his case be moved to the South-East if no judge at the Federal High Court in Abuja was willing to preside over it, except for Justice Nyako.

During a court session on September 24, 2024, Kanu openly requested that Justice Nyako recuse herself from his trial, citing a lack of confidence in her.

Following his request, Justice Nyako stepped down from the case and transferred the file to Justice Tsoho.

However, Justice Tsoho later returned the case file to Justice Nyako for the continuation of the trial.

Since then, Kanu has insisted that Justice Nyako handling the case after her recusal constitutes a violation of her own judicial orders.

He instructed his legal team to ensure that she does not preside over the case.

Reacting to the Monday hearing notice, Ejimakor expressed surprise, stating that they “shall appear with bated breath.”

The hearing notice read partly, “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”.

Meanwhile, in a letter dated January 30, 2025, Kanu, through his counsel Ejimakor, reaffirmed his request for the case to be transferred to a High Court in the South-East.

The letter stated: “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.”

In the letter, Ejimakor argued that Justice Nyako no longer has the jurisdiction to preside over the case following her recusal, which he described as binding.

He stated, “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.”

Ejimakor urged the court to grant their request to prevent a miscarriage of justice for the defendant.

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