The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, who is currently in detention, has rejected the Federal Government’s request to resume his trial.
This stance was revealed by Kanu’s lead counsel, Aloy Ejimakor, in a post shared on social media platform X on Tuesday.
Kanu’s legal team maintains that the trial judge, Justice Binta Nyako, should recuse herself from the case, citing an earlier order from September 24, 2024, which they argue remains valid.
According to Ejimakor, the decision for Justice Nyako to step aside was never overturned by any court and is still binding.
“We are firm in our position, as Justice Nyako’s recusal order entered on September 24, 2024, remains in effect. It has not been nullified by any competent court,” Ejimakor stated.
He further accused the prosecution of attempting to mislead the court, asserting that Kanu has no case before Justice Nyako anymore.
“As of September 24, 2024, the defendant no longer has any case to answer before Justice Binta Nyako,” Ejimakor added.
Nnamdi Kanu, facing seven charges of alleged treasonable felony and terrorism, has pleaded not guilty to the accusations.
He was initially arrested on October 14, 2015, after returning to Nigeria from the UK. He was later granted bail in 2017 on health grounds but fled the country following a military raid on his home.
Kanu was subsequently re-arrested in Kenya in 2021 and brought back to Nigeria, where he has since been detained.
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.
Although Justice Nyako agreed to step down, the Chief Judge of the Federal High Court returned the case file to her, stating that she was the best-positioned judge to conclude the matter. The Chief Judge, however, instructed Kanu to file a formal motion if he still wanted her to step aside.
Despite the directive, the Federal Government’s counsel, Adegboyega Awomolo (SAN), requested a new trial date in a letter dated December 5, 2024, insisting that Justice Nyako was reinstated as the trial judge.
During the proceedings, Kanu, who has repeatedly sought fresh bail, addressed the court personally, expressing his lack of confidence in Justice Nyako.
“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,” Kanu stated. He further argued that the refusal to adhere to Supreme Court orders was the basis for his objection.
In response, prosecution counsel Awomolo urged Justice Nyako to ignore Kanu’s claims and proceed with the hearing, calling Kanu’s observation about the Supreme Court’s ruling “incompetent.”
However, Kanu presented a copy of the Supreme Court’s judgment, which he claimed questioned the impartiality of the trial court.
He clarified that his objection was not personal but based on what he perceived as constitutional violations during his trial.
Ultimately, Justice Nyako declared that she would recuse herself and remand the case back to the Chief Judge for reassignment.
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