The detained leader of the Indigenous People of Biafra Nnamdi Kanu, has strongly opposed the Federal Government’s request for the resumption of his trial, insisting that Justice Binta Nyako must step aside from the case.
Kanu’s lead counsel, Aloy Ejimakor, disclosed his client’s stance in a statement on X, rejecting the Federal Government’s efforts to revive the trial.
Kanu, who faces seven charges of alleged treasonable felony and terrorism, was re-arrested in Kenya in 2021 and forcibly returned to Nigeria. He has denied all accusations.
During the last court hearing on September 24, 2024, Kanu called for Justice Nyako to recuse herself, expressing a lack of confidence in her ability to handle the case fairly.
In response, Justice Nyako agreed to withdraw and sent the case file to the Chief Judge of the Federal High Court for reassignment.
However, the Chief Judge returned the case to her, explaining that two other judges had previously withdrawn, and Justice Nyako, who had overseen the case since 2015, was best suited to conclude it.
The Chief Judge instructed that if Kanu still wanted Justice Nyako to withdraw, he must formally apply with an affidavit, serve the prosecution, and await her decision.
Despite this directive, Adegboyega Awomolo (SAN), counsel for the Federal Government, requested a new trial date in a letter to the Deputy Chief Registrar of the Federal High Court on December 5, 2024.
Awomolo argued that the Chief Judge’s decision effectively reinstated Justice Nyako.
In a counter-letter, Ejimakor rejected this assertion, stating that Justice Nyako’s earlier decision to recuse herself remained valid.
“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 noted.
He further accused the prosecution of attempting to mislead the court, emphasizing that Kanu no longer has a case before Justice Nyako.
“As of September 24, 2024, the defendant no longer has any case to answer before Justice Binta Nyako,” he asserted.
In the September proceedings, Kanu had expressed his frustration directly to the court, declaring, “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.”
Awomolo, representing the prosecution, countered by urging the judge to continue, 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.”
However, Kanu persisted, holding up a document he claimed was the Supreme Court’s ruling, and read sections highlighting concerns about the trial court’s impartiality.
He clarified that his objections were not personal but stemmed from dissatisfaction with how the trial conflicted with constitutional principles.
Justice Nyako ultimately declared, “I hereby recuse myself and remit the case file back to the Chief Judge.”
Kanu was first arrested on October 14, 2015, upon returning from the UK, and later granted bail in 2017 on health grounds after being detained at Kuje Correctional Facility.
He fled the country after a military raid on his home and returned to the UK, only to be re-arrested in Kenya in 2021 and returned to Nigeria.
Since then, he has remained in the custody of the Department of State Services, with multiple bail applications rejected by Justice Nyako.
