The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has opposed the Federal Government’s request to resume his trial.
Kanu’s lead counsel, Aloy Ejimakor, disclosed this in a post on X on Tuesday.
Ejimakor stated that Kanu had rejected the Federal Government’s attempt to reopen the case, insisting that the presiding judge, Justice Binta Nyako, must step down from the proceedings.
He further argued that Justice Nyako’s earlier decision to recuse herself remains 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 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 said.
Nnamdi Kanu, who is facing prosecution on seven charges of alleged treasonable felony and terrorism, has pleaded not guilty to all accusations.
He was first arrested on October 14, 2015, after returning to Nigeria from the UK. He was detained at the Kuje Correctional Facility before being granted bail in 2017 on health grounds.
Following a military raid on his residence, Kanu fled the country and returned to the United Kingdom. However, he was re-arrested in Kenya in 2021 and extradited to Nigeria, where he has since been held in the custody of the Department of State Services (DSS).
During a court session on September 24, 2024, Kanu requested that Justice Binta Nyako recuse herself from his trial, citing a loss of confidence in her impartiality. Justice Nyako agreed to step down and forwarded the case file to the Chief Judge of the Federal High Court for reassignment.
The Chief Judge subsequently returned the case to Justice Nyako, stating that two other judges had previously recused themselves and that Justice Nyako, who has overseen the case since 2015, was best positioned to conclude it. The Chief Judge directed that if Kanu wanted Justice Nyako to withdraw, he must formally file a motion with an affidavit, serve it on the prosecution, and await her decision.
Despite this directive, the Federal Government’s counsel, Adegboyega Awomolo (SAN), requested a new trial date in a December 5, 2024, letter to the Deputy Chief Registrar of the Federal High Court, arguing that the Chief Judge’s decision reinstated Justice Nyako as the trial judge.
At the last proceeding, Kanu expressed distrust in Justice Nyako’s impartiality and personally demanded her withdrawal from the case, overriding his lawyer.
Justice Nyako has repeatedly denied Kanu’s applications for fresh bail.
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 prosecution counsel, Awomolo, urged Justice Nyako to regard Kanu’s claim of 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.
But Kanu vehemently objected, waving a copy of a document in his hand which he said was a copy of the subsisting judgment of the Supreme Court.
He proceeded to read a part that said the actions of the trial court rendered the impartiality of the judge suspect.
He also tried to explain to the judge that his objection to her presiding over his matter was not personal but that he was now fed up with the trial, which, according to him, was at variance with constitutional provisions.
Declaring her stance on the matter, Justice Nyako declared: “I hereby recuse myself and remit the case file back to the Chief Judge.”