Wednesday, January 8, 2025 - Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), currently in detention, has opposed the Federal Government's request for the resumption of his trial, insisting that Justice Binta Nyako must recuse herself from the case.
Kanu's lead counsel, Aloy Ejimakor, disclosed this on Tuesday, January
7. He emphasized that Justice Nyako's decision to recuse herself on September
24, 2024, 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 accused the prosecution of attempting to mislead the court, arguing
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 faces seven counts of alleged treasonable felony and terrorism and
has pleaded not guilty to all charges. He was first arrested on October 14,
2015, following his return 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 but was re-arrested in Kenya
in 2021 and repatriated to Nigeria, where he has since been in the custody of
the Department of State Services (DSS).
During the last court session on September 24, 2024, Kanu requested that
Justice Nyako recuse herself, citing a loss of confidence in her handling of
the case. Justice Nyako agreed and forwarded the case file to the Chief Judge
of the Federal High Court for reassignment. However, the Chief Judge returned
the case to her, stating that two other judges had recused themselves
previously and Nyako was best positioned to conclude the trial since she had
handled the matter since 2015.
The Chief Judge instructed Kanu to file a formal motion with an
affidavit if he still wanted Justice Nyako to step aside, serve it on the
prosecution, and await her determination. Despite this directive, the Federal
Government's counsel, Adegboyega Awomolo (SAN), requested a new trial date in a
December 5, 2024, letter addressed to the Deputy Chief Registrar of the Federal
High Court, arguing that the Chief Judge’s decision reinstated Justice Nyako as
the trial judge.
Kanu has since demanded Justice Nyako's withdrawal from the case,
asserting a lack of trust in her impartiality. 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, prosecution counsel Awomolo urged the court to proceed with the
hearing, stating, “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.”
Kanu, waving a document he identified as a Supreme Court judgment,
objected and read aloud a portion that questioned the impartiality of the trial
court. He insisted that his objection was not personal but based on
constitutional grounds.
Justice Nyako ultimately declared, “I hereby recuse myself and remit the case file back to the Chief Judge.”
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