Nnamdi Kanu rejects Federal Government’s request to resume his trial

Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has rejected the Federal Government’s request to resume his trial, maintaining that Justice Binta Nyako, who previously recused herself from the case, must not preside over it.

In September 2024, Justice Nyako stepped down from the case following Kanu’s oral application, stating his loss of confidence in her impartiality. “I hereby recuse myself and remit the case file back to the chief judge,” she said at the time.

However, the Chief Judge of the Federal High Court, John Tsoho, returned the case file to Nyako, arguing that Kanu’s request should have been made formally through a motion on notice.

In a letter dated December 5, counsel for the prosecution, Adegboyega Awomolo, requested a trial date.

Kanu’s lawyer, Aloy Ejimakor, opposed the move in a letter dated December 9, arguing that Justice Nyako’s recusal remains valid until set aside by a competent court.

“By this communication, we wish to go on the record to inform your good offices that the defendant takes serious exception to the said letter and hereby vigorously objects to the request by the complainant for a date for continuation of hearing of this criminal case before His Lordship, Hon. Justice Binta Murtala-Nyako,” the letter reads.

“Our position is predicated on the fact-of-record that his lordship (Hon. Justice Binta Murtala-Nyako) had entered and enrolled an order recusing his lordship from handling the case or continuing with the trial.

“The said order was entered on 24th September 2024 and, to date, the order is extant and subsisting, as it has not been set aside by a subsequent order made by a competent court, pursuant to a competent process on notice.

“Accordingly, we believe that the complainant’s request is fatally misconceived and if not checked, it may mislead this honourable court to a path of infamy and unconstitutionality.

“For avoidance of doubt, as from 24th September 2024, the defendant no longer has any such case to answer before his lordship, honourable Justice Binta Murtala-Nyako.”

Kanu, who has been in DSS custody since his controversial re-arrest and extradition from Kenya in 2021, has reiterated that he does not oppose a fair trial. However, he insists that Justice Nyako cannot preside over the case given her recusal and alleged partiality.

On X (formerly Twitter), Ejimakor wrote on Tuesday, “We are not against trial but that Justice Binta Nyako having recused herself, she can no longer preside over the case.

“Recall that MNK stated in open court that he no longer has confidence in the Judge, especially as the Supreme Court also stated that her impartiality is suspect.”

Kanu is facing charges of treasonable felony, stemming from his activities as IPOB leader.