Nnamdi Kanu Accuses Justice Binta Nyako of Judicial Bias in Petition to NJC
Nnamdi Kanu Accuses Justice Binta Nyako of Judicial Bias in Petition to NJC
Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has formally petitioned the National Judicial Council (NJC), alleging judicial misconduct and bias by Justice Binta Nyako of the Federal High Court, Abuja.The petition, dated January 13, 2024, was addressed to the Chief Justice of Nigeria, who also serves as the Chairman of the NJC.
Allegations of Judicial Misconduct
In his petition, Kanu contends that Justice Nyako's actions during his trial have caused him "incalculable and continuing damage," including the deprivation of his liberty.He specifically accuses the judge of refusing to reinstate his bail, despite a Supreme Court ruling that mandated his release. Kanu argues that this refusal constitutes a violation of Section 287(1) of the Nigerian Constitution, which mandates that decisions of the Supreme Court be enforced by all authorities and courts.
Details of the Petition
The petition, supported by an affidavit sworn by Kanu's brother, Prince Emmanuel Kanu, outlines several allegations against Justice Nyako:
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Refusal to Reinstate Bail: Kanu claims that Justice Nyako's refusal to restore his bail, despite the Supreme Court's directive, amounts to judicial fraud and non-adherence to the Constitution.Violation of Constitutional Rights: He alleges that the judge's conduct disregards constitutional provisions and the rule of law, infringing upon his fundamental rights.
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Failure to Enforce Supreme Court Decision: Kanu asserts that Justice Nyako's actions demonstrate a failure to enforce the Supreme Court's decision, thereby undermining the authority of the apex court.
Background of the Case
Nnamdi Kanu has been facing a seven-count terrorism charge brought against him by the Federal Government.His trial has been marked by legal controversies, including the revocation of his bail and his subsequent extradition from Kenya to Nigeria.The Supreme Court had previously ruled that Kanu's absence from court was not intentional, attributing it to the invasion of his home by military officers.Despite this ruling, Kanu alleges that Justice Nyako has failed to reinstate his bail, leading to his continued detention.
Implications for the Judiciary
Kanu's petition raises significant concerns about judicial independence and the adherence to constitutional mandates within Nigeria's legal system.The NJC's response to this petition could have far-reaching implications for the credibility and integrity of the judiciary, especially regarding the enforcement of Supreme Court decisions and the protection of individual rights.
The allegations presented by Nnamdi Kanu against Justice Binta Nyako highlight critical issues within Nigeria's judicial system, particularly concerning the enforcement of Supreme Court decisions and the protection of fundamental rights. As the NJC reviews this petition, the legal community and the public await a resolution that upholds the principles of justice and constitutional integrity.
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