Taiwo Popoola
Leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu has dragged Justice Binta Nyako of the Federal High Court Abuja before the National Judicial Council, NJC, for alleged judicial misconduct in the handling of his trial by the Nigerian Government.
Kanu alleged that the misconduct committed by Justice Nyako has resulted in incalculable and continuing damage to him, and the continued loss of his “liberty to this day”.
In a petition addressed to the Chief Justice of the Federation/Chairman of the NJC, dated January 13, 2024, Kanu urged the Council to punish Justice Nyako for alleged misconduct.
Attached to the petition was an affidavit deposed by Kanu’s brother, Prince Emmanuel Kanu.
Kanu has been standing trial before the Federal High Court since December 2015.
On June 19, 2021, the IPOB leader, who was earlier granted bail by Justice Nyako, was, under the revocation of the bail and a bench warrant issued by the same judge, arrested in Kenya and brought back to Nigeria to face his ongoing trial.
The petition forwarded to Urban Express News Online by Kanu’s lead counsel, Aloy Ejimakor, reads: “Complainant, Mazi Nnamdi Kanu hereby files this Complaint against His Lordship, Honorable Justice Binta Murtala-Nyako for judicial misconduct in the handling of the Complainant’s case, No: FHC/ABJ/CR//383/2015 (Mazi Nnamdi Kanu v. Federal Republic of Nigeria). The said Justice Binta Murtala-Nyako currently presides over Court 2 of the Federal High Court, Abuja Division.
“That His Lordship, Justice Binta Murtala-Nyako has committed judicial misconduct in the handling of the Complainant’s case and the misconduct is such that has resulted in incalculable and continuing damage to the Complainant, including particularly the continuing loss of Complainant’s liberty to this day.
“The conduct of the Justice is tantamount to judicial fraud and amounts to non-adherence to the Constitution and established rules of law.
“In particular, Justice’s refusal to reinstate the Complainant’s bail amounts to disobedience to the said determination, such that it also amounts to a clear and brazen violation of provisions of the Nigerian Constitution which states at Section 287(1) that: “The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court.
“Wherefore, the Complainant prays the Council to discipline His Lordship, Honorable Justice Binta Murtala-Nyako per the pertinent Rules for disciplining erring judicial officers.”