Kanu transfer appeal was halted by the Court of Appeal, Abuja Division, on Monday, stopping proceedings in the case filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu. He had sought to move his trial from Justice Binta Nyako of the Federal High Court to another judge. The matter could not proceed because proper legal representation was not in place.
Brother Barred From Representing Kanu Transfer Appeal
Drama ensued when Kanu’s younger brother, Emmanuel Kanu, appeared before the three-man appellate panel to announce representation on behalf of the embattled IPOB leader. Emmanuel informed the court that he was standing in for his brother because his lawyers were not present.
However, the panel immediately rejected his appearance, stating that only a registered legal practitioner is permitted to represent an appellant in a criminal matter. The justices emphasized that the Rules of Court do not permit non-lawyers to speak for litigants, especially in sensitive cases such as terrorism-related appeals. The court then proceeded to strike out Emmanuel’s appearance, noting that any process or representation made by a non-lawyer is invalid and cannot be entertained.
Why Kanu Filed the Appeal
Nnamdi Kanu, who has been in the custody of the Department of State Services (DSS) since 2021, is seeking a transfer of his trial from Justice Binta Nyako. His legal team had earlier filed the application, arguing:
That Justice Nyako had demonstrated perceived bias in earlier rulings
That Kanu could no longer obtain a fair hearing before the judge
That his continued detention and alleged denial of access to lawyers strengthened the need for a neutral reassignment
The Federal Government has consistently opposed the request, insisting that Justice Nyako has conducted the case impartially and within the bounds of the law.
Court Adjourns Pending Proper Representation
Given the absence of Kanu’s legal team and the failed attempt by his brother to represent him, the Court of Appeal adjourned the matter. The new date is expected to be communicated to all parties once Kanu’s lawyers file the appropriate appearance.
The panel stressed the importance of due process, noting that Kanu’s appeal deals with constitutional concerns surrounding fair trial rights, and such issues must be handled with full legal compliance.
Kanu is facing a series of terrorism-related charges brought by the Federal Government, including alleged incitement, membership of a proscribed group, and broadcasting activities said to threaten national security. His arrest in Kenya and subsequent “extraordinary rendition” to Nigeria in 2021 remains a subject of legal and political controversy.
Despite multiple applications for bail and release on health grounds, Kanu has remained in DSS custody. The current appeal over the transfer of his trial is one of several legal battles his team is pursuing.
