The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has rejected the Federal Government’s (FG) request to resume his trial, insisting that the presiding judge, Justice Binta Nyako, must withdraw from the case.
Kanu’s lead counsel, Aloy Ejimakor, disclosed this development on Tuesday in a post on X (formerly Twitter), stating 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 accused the prosecution of attempting to mislead the court and maintained that Kanu no longer had 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.
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Kanu is facing charges of treasonable felony and terrorism but has pleaded not guilty to all seven counts.
Kanu was first arrested on October 14, 2015, upon his return to Nigeria from the UK. He was detained at the Kuje Correctional Facility before being granted bail in 2017 on health grounds.
However, following a military raid on his home, Kanu fled Nigeria and returned to the UK. He was re-arrested in Kenya in 2021 and repatriated to Nigeria, where he has since remained 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 lack of confidence in her handling of the case.
Justice Nyako agreed to step aside and referred the matter 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 already recused themselves and that she, having handled the case since 2015, was best suited to conclude it.
The Chief Judge advised Kanu to formally request Justice Nyako’s withdrawal by filing a motion supported by an affidavit.
Despite this directive, FG counsel Adegboyega Awomolo requested a fresh trial date in a December 5, 2024, letter, arguing that the Chief Judge’s decision reinstated Justice Nyako as the presiding judge.
At the last hearing, Kanu personally objected to Justice Nyako’s continued role in the case, stating,
Kanu also accused the court of partiality, waving a document he claimed was the Supreme Court’s ruling, which he said questioned the trial court’s impartiality.
He clarified that his objection was not personal but a reflection of his frustration with the trial’s inconsistency with constitutional provisions.
Justice Nyako ultimately reaffirmed her decision to step aside, stating, “I hereby recuse myself and remit the case file back to the Chief Judge.”
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In response, Awomolo urged Justice Nyako to disregard Kanu’s claims, describing them as baseless. “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.”
Despite the prosecution’s appeal, Kanu maintained his objection, emphasising that his demand for a new judge was crucial for a fair trial.
The case now awaits further reassignment by the Chief Judge of the Federal High Court.
