Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has opposed the Federal Government’s request to resume his trial.
His legal representative, Aloy Ejimakor, disclosed this in a post on X (formerly Twitter) on Tuesday.
Kanu, according to his lead counsel, rejected the Federal Government’s effort to restart the trial and insisted that the trial judge, Justice Binta Nyako, should recuse herself from the case.
Ejimakor emphasized that Justice Nyako’s decision to step aside was still valid and in effect.
“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 explained.
He further accused the prosecution of attempting to mislead the court, insisting that Kanu no longer has a 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 added.
Kanu, who is facing seven charges of treasonable felony and terrorism, has denied all allegations.
He was first arrested on October 14, 2015, after returning to Nigeria from the United Kingdom. He was granted bail in 2017 on health grounds after being detained at Kuje Correctional Facility.
After a military raid on his home, Kanu fled the country and returned to the UK but was re-arrested in Kenya in 2021 and repatriated to Nigeria, where he has been detained by the Department of State Services.
At the last court session on September 24, 2024, Kanu requested that Justice Nyako recuse herself, citing a loss of confidence in her ability to handle the case.
Justice Nyako agreed to step down and referred the case file to the Chief Judge of the Federal High Court for reassignment.
However, the Chief Judge returned the case to Nyako, arguing that, having handled the matter since 2015, she was best positioned to conclude it.
The Chief Judge directed that if Kanu still wanted her to step aside, he needed to file a formal motion with an affidavit outlining his reasons, serve it on the prosecution, and await Nyako’s determination.
Despite this, the Federal Government’s counsel, Adegboyega Awomolo (SAN), requested a new trial date in a letter dated December 5, 2024, addressed to the Deputy Chief Registrar of the Federal High Court.
Awomolo contended that the Chief Judge’s decision reinstated Justice Nyako as the trial judge.
During previous proceedings, Kanu had forcefully demanded Justice Nyako’s withdrawal, stating that he no longer trusted her impartiality.
He also repeated his objections to her handling of his repeated bail applications, which were turned down by the judge.
Addressing the judge, 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.”
In response, Awomolo urged Justice Nyako to disregard Kanu’s claim of disobeying a Supreme Court order and continue with the trial.
“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 stated.
However, Kanu objected vehemently, waving a document he said was a copy of the Supreme Court’s ruling.
He read aloud a section that called into question the impartiality of the trial court. Kanu insisted that his objection was not personal but was based on his belief that the trial was inconsistent with constitutional provisions.
In the end, Justice Nyako confirmed her decision, saying, “I hereby recuse myself and remit the case file back to the Chief Judge.”
