The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu 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.”
