Detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has rejected the Federal Government’s bid to resume his trial, asserting that Justice Binta Nyako must recuse herself from the case.
Kanu’s lead counsel, Aloy Ejimakor, disclosed this in a statement on Tuesday via X, formerly known as Twitter, emphasizing that the Federal Government’s request contravened Justice Nyako’s earlier decision to withdraw from the matter.
Kanu is facing a seven-count charge, including treasonable felony and terrorism. He has maintained his innocence since his extraordinary rendition to Nigeria in 2021 after his re-arrest in Kenya.
During a court session on September 24, 2024, Kanu called for Justice Nyako’s withdrawal, citing a loss of confidence in her impartiality. He accused the court of failing to adhere to a Supreme Court decision and expressed frustration over prolonged legal proceedings.
Addressing the court directly, Kanu stated:
“My Lord, I have no confidence in this court anymore and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court. It is regrettable for this court to refuse to obey such an order.”
Justice Nyako subsequently recused herself, forwarding the case file to the Chief Judge of the Federal High Court for reassignment.
In response, the Chief Judge returned the case to Justice Nyako, citing her familiarity with the case since its inception and the recusals of two other judges. The Chief Judge directed Kanu to formally file a motion with an affidavit if he wanted Justice Nyako to step aside.
Despite this directive, the Federal Government, through its counsel Adegboyega Awomolo (SAN), sought a new trial date in a letter dated December 5, 2024. Awomolo argued that the Chief Judge’s decision reinstated Justice Nyako as the trial judge.
Ejimakor countered this position in a letter, maintaining that Justice Nyako’s decision to recuse herself remained binding.
“Our position is based on the fact that Justice Nyako entered and enrolled an order recusing herself on September 24, 2024, and to date, that order remains extant and subsisting. It has not been set aside by any competent court,” Ejimakor stated.
He accused the prosecution of attempting to mislead the court, insisting that Kanu no longer had a case before Justice Nyako.
Kanu has been at the center of legal battles since his initial arrest in 2015. He was granted bail in 2017 on health grounds but fled the country after a military raid on his residence. His re-arrest in Kenya and subsequent extradition to Nigeria in 2021 have drawn significant international attention.
He remains in the custody of the Department of State Services (DSS), with repeated applications for fresh bail denied.
As the case continues, Kanu’s legal team insists on procedural adherence, calling for a reassignment of the matter to a new judge while maintaining their client’s innocence.
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