The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has opposed the Federal Government’s request for the resumption of his trial, insisting that the trial judge, Justice Binta Nyako, must recuse herself from the case.
Kanu’s lead counsel, Aloy Ejimakor, revealed his client’s stance in a post on X (formerly Twitter) on Tuesday, rejecting the Federal Government’s attempt to reopen the trial.
Kanu, who is facing seven charges of alleged treasonable felony and terrorism, was re-arrested in Kenya in 2021 and subsequently rendered to Nigeria. He has pleaded not guilty to all charges.
During the last court session on 24th September 2024, Kanu requested that Justice Nyako recuse herself, citing a loss of confidence in her handling of the case.
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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 returned the case to Justice Nyako, stating that two other judges had previously recused themselves, and as Nyako had been handling the case since 2015, she was best placed to conclude it.
The Chief Judge instructed that if Kanu still wished for Justice Nyako to step aside, he must file a formal motion with an affidavit detailing his reasons, serve it to the prosecution, and await Justice Nyako’s determination.
Despite this directive, the Federal Government’s counsel, Adegboyega Awomolo (SAN), requested a new trial date in a letter addressed to the Deputy Chief Registrar of the Federal High Court on 5th December 2024. Awomolo argued that the Chief Judge’s decision had reinstated Justice Nyako as the trial judge.
However, Kanu’s lawyer, Ejimakor, in a counter-letter rejecting the request, argued that Justice Nyako’s decision 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 24th September 2024, and to date, that order remains extant and subsisting. It has not been set aside by any competent court,” Ejimakor stated.
He further accused the prosecution of attempting to mislead the court, asserting that Kanu no longer had a case before Justice Nyako.
“For the avoidance of doubt, as of 24th September 2024, the defendant no longer has any case to answer before Justice Binta Nyako,” Ejimakor said.
In a previous court session, Kanu demanded Justice Nyako’s withdrawal from the case, shouting down his lawyer and speaking for himself. He maintained that he did not trust the judge to be impartial.
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.”
In response, prosecution counsel Awomolo urged Justice Nyako to disregard Kanu’s claims about disobeying a Supreme Court order and proceed 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 vehemently objected, waving a document he claimed was a copy of the subsisting judgment of the Supreme Court, which suggested that the actions of the trial court had rendered the judge’s impartiality questionable.
He explained that his objection to Justice Nyako presiding over the case was not personal but stemmed from his belief that the trial was inconsistent with constitutional provisions.
Declaring her stance, Justice Nyako stated: “I hereby recuse myself and remit the case file back to the Chief Judge.”
Kanu was initially arrested on 14th October 2015 upon his return to Nigeria from the UK and was later granted bail in 2017 on health grounds after being detained at the Kuje correctional facility.
Kanu fled the country after a military raid on his home, eventually relocating to the United Kingdom, but was re-arrested in Kenya in 2021 and brought back to Nigeria.
Since his re-arrest and repatriation, Kanu has been detained in the custody of the Department of State Services. His repeated applications for fresh bail have been rejected by Justice Nyako.
