Alleged judicial misconduct against Justice Nyako
Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has lodged a formal complaint against Justice Binta Nyako of the Federal High Court, Abuja, with the National Judicial Council (NJC).
Kanu accused the judge of judicial misconduct in handling his ongoing trial.
The petition made available to journalists on Saturday by Kanu’s lawyer Aloy Ejimakor and dated January 13, 2024, was addressed to the Chief Justice of Nigeria, who also serves as NJC Chairman. In it, Kanu alleged that Justice Nyako’s actions in his case have caused him damage including the deprivation of his liberty.
Justice Nyako is currently presiding over a seven-count terrorism charge brought against Kanu by the Federal Government.
In an affidavit sworn to by Kanu’s brother, Prince Emmanuel Kanu, the IPOB leader detailed his grievances, including the judge’s refusal to reinstate his bail despite what he claims is a Supreme Court determination supporting his release.
Kanu also recalled how he applied for transfer from the DSS custody because of the restrictions being placed on him by the DSS with regard to his constitutional right of access to his counsel, the secret police allegedly eavesdropping on his conversations with his counsel and seizure of his legal documents.
The petition stated, “This application was summarily refused by the said Justice, who also refused the Complainant’s objection to being subjected to trial under the said restrictions placed on his preparation for his defense.
“Consequently, the Complainant on September 24, 2024, applied to recuse the said Justice from conducting the trial of his case, and the Justice entered an Order affirming the recusal; but it now appears that the said Justice has reversed herself and is thus presently designing to schedule the Complainant’s case to be tried before her.”
Kanu stated in the petition, “Her refusal to reinstate my bail despite the Supreme Court’s determination constitutes disobedience to Section 287(1) of the Constitution, which mandates all authorities and courts to enforce decisions of the Supreme Court.”
He also accused the judge of disregarding constitutional provisions and the rule of law, describing her actions as a violation of his fundamental rights.
Kanu called on the NJC to take disciplinary action against Justice Nyako, asserting that her conduct amounts to judicial fraud and a failure to adhere to constitutional and legal standards.
“Wherefore, the Complainant prays to the Council to discipline His Lordship, Honorable Justice Binta Murtala-Nyako in accordance with the pertinent Rules for disciplining erring judicial officers,” the petition read.
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