The lead counsel for Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has strongly opposed the Nigerian government’s request to set a date for the resumption of Kanu’s trial. The objection follows a decision by Justice Binta Nyako of the Federal High Court in Abuja to recuse herself from the case in September 2024.
Kanu’s legal team, led by his counsel Ifeanyi Ejimakor, argues that the trial cannot proceed under Justice Nyako’s direction, as she had formally withdrawn from the case on September 24, 2024, after Kanu requested her recusal. This decision came after Kanu expressed a lack of confidence in her ability to fairly handle his case. In response, Justice Nyako had returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho. However, Justice Tsoho sent the file back to Nyako, instructing her to continue overseeing the trial.
The Nigerian government’s prosecuting counsel, Adegboyega Awomolo, requested a date for the continuation of the trial in a letter dated December 5, 2024. In the letter, Awomolo referred to the return of the case file to Nyako and sought a new trial date.
In a counter-response, Ejimakor vehemently rejected this request, calling it “fatally misconceived.” He emphasized that Justice Nyako’s recusal order, entered on September 24, 2024, remains in force and has not been overturned by any competent court order. Ejimakor warned that proceeding with the trial under these circumstances could lead to a situation of “infamy and unconstitutionality,” potentially misleading the court.
Ejimakor’s letter, addressed to the Deputy Chief Registrar of the Federal High Court, further stated that as of September 24, 2024, Kanu no longer had any case to answer before Justice Nyako. He argued that the request to resume the trial under her oversight should be dismissed.
Kanu, who has been in detention since June 2021 following his extraordinary rendition from Kenya to Nigeria, was acquitted by the Court of Appeal, which discharged him of all charges. However, the Nigerian government has refused to release him, and the matter was brought before the Supreme Court, which ordered a retrial in December 2023, directing the case to return to the Federal High Court in Abuja for further proceedings.
Kanu’s legal team continues to contest the government’s actions, maintaining that the proper legal processes have not been followed.
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