Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), who is currently in detention, has opposed the Federal Government’s request to resume his trial.
This was revealed by Kanu’s lead counsel, Aloy Ejimakor, in a post on X on Tuesday.
Ejimakor stated that his client had rejected the Federal Government’s attempt to restart the trial, insisting that the presiding judge, Justice Binta Nyako, must recuse herself from the case.
The lawyer further emphasized that the decision for Justice Nyako to recuse herself remained valid and 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 also charged the prosecution with attempting to mislead the court, asserting that Kanu no longer has an active case before Justice Nyako.
“For the avoidance of doubt, as of September 24, 2024, the defendant no longer has any case to answer before Justice Binta Nyako,” Ejimakor said.
Kanu, who faces seven charges of alleged treasonable felony and terrorism, has pleaded not guilty to all the accusations.
He was initially arrested on October 14, 2015, upon his return to Nigeria from the United Kingdom. In 2017, after being detained at the Kuje Correctional Facility, he was granted bail on health grounds.
Following a military raid on his residence, Kanu fled the country and sought refuge in the United Kingdom. However, he was apprehended in Kenya in 2021, and subsequently extradited to Nigeria, where he has been held in the custody of the Department of State Services.
In the most recent court session on September 24, 2024, Kanu requested that Justice Nyako recuse herself from his case, citing a loss of confidence in her ability to fairly handle the trial. Justice Nyako agreed to step aside and forwarded the case file to the Chief Judge of the Federal High Court for reassignment.
However, the Chief Judge decided to return the case to Justice Nyako, arguing that she, having presided over the matter since 2015, was the most qualified to continue.
The Chief Judge further instructed that if Kanu still sought her recusal, he must submit a formal motion with an affidavit outlining his reasons and serve it to the prosecution for Justice Nyako’s consideration.
Despite this, the Federal Government’s counsel, Adegboyega Awomolo (SAN), sent a letter on December 5, 2024, to the Deputy Chief Registrar of the Federal High Court, requesting a new trial date. In the letter, Awomolo contended that the Chief Judge’s ruling had effectively reinstated Justice Nyako as the trial judge.
During the proceedings, Kanu, insisting that he could not trust Justice Nyako to be impartial, vocally opposed his lawyer’s advice and demanded that the judge withdraw from his case.
Additionally, Kanu’s multiple requests for bail have been consistently denied by Justice Nyako.
Addressing the judge directly, Kanu said, “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.
“I can understand it if the DSS refused to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable. I am asking you to recuse yourself from this case.”
However, the prosecuting counsel, Awomolo, urged Justice Nyako to take Kanu’s claim of violating a Supreme Court order into consideration and continue with the hearing.
“My Lord, you should not recuse yourself on the basis of this mere observation which does not have anything to do with the Supreme Court. It is an incompetent observation. We urge this court to proceed with the hearing,” Awomolo said.
Kanu strongly opposed, brandishing a document he claimed was a copy of the current Supreme Court ruling.
He proceeded to read an excerpt stating that the actions of the trial court had called the judge’s impartiality into question.
Kanu further explained to the judge that his objection to her overseeing the case was not personal. Rather, he expressed his frustration with the trial, asserting that it was in conflict with constitutional principles.
Declaring her stance on the matter, Justice Nyako declared: “I hereby recuse myself and remit the case file back to the Chief Judge.”
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