Nnamdi Kanu Opposes Federal Government’s Bid to Resume Trial, Demands Judge’s Recusal
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has rejected the Federal Government’s request to resume his trial, insisting that Justice Binta Nyako must step aside as the presiding judge.
Kanu’s lead counsel, Aloy Ejimakor, confirmed this stance in a post on X (formerly Twitter) on Tuesday, maintaining that Justice Nyako’s earlier decision to recuse herself from the case remains valid.
Kanu, who faces seven charges of alleged treasonable felony and terrorism, was re-arrested in Kenya in 2021 and extradited to Nigeria under controversial circumstances. He has consistently pleaded not guilty to all charges.
Background and Recusal Dispute
During the last court session on September 24, 2024, Kanu directly requested Justice Nyako’s recusal, expressing a lack 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 Justice Nyako, explaining that two other judges had previously stepped aside from the matter. Given her extensive familiarity with the case since 2015, the Chief Judge deemed Justice Nyako the best-positioned judge to conclude the trial.
In a directive accompanying the reassignment, the Chief Judge stated that if Kanu still wished for Justice Nyako’s withdrawal, he must file a formal motion with an affidavit outlining his reasons, serve the prosecution, and await her determination.
Despite this instruction, Federal Government counsel Adegboyega Awomolo (SAN) requested a new trial date in a December 5, 2024, letter to the court’s Deputy Chief Registrar. Awomolo argued that the Chief Judge’s decision reinstated Justice Nyako as the presiding judge.
Kanu’s Rejection and Defense
In response, Ejimakor countered in a letter that Justice Nyako’s recusal order from September 24 remains valid and enforceable. “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 argued.
He accused the prosecution of attempting to mislead the court, insisting that Kanu no longer has a case before Justice Nyako.
During the previous court proceedings, Kanu expressed his mistrust in Justice Nyako’s impartiality, citing her alleged failure to enforce a Supreme Court directive. Addressing the court directly, Kanu stated:
“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.”
Kanu emphasized that his objection was not personal but rooted in his frustration with a trial he believes contravenes constitutional provisions.
Prosecution’s Position
Awomolo, however, dismissed Kanu’s objections as baseless, urging the court to proceed with the trial. “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,” he argued.
Kanu responded by presenting a document he claimed was a Supreme Court ruling that questioned the impartiality of the trial court.
Judge’s Decision
In the September 24 session, Justice Nyako formally recused herself, declaring:
“I hereby recuse myself and remit the case file back to the Chief Judge.”
A History of Controversy
Kanu was first arrested in October 2015 upon his return to Nigeria from the United Kingdom. Detained at the Kuje Correctional Facility, he was granted bail in 2017 on health grounds. However, after a military raid on his home, Kanu fled the country, eventually returning to the UK.
In 2021, he was re-arrested in Kenya under contentious circumstances and extradited to Nigeria, where he has remained in the custody of the Department of State Services (DSS).
Repeated applications for bail have been denied by Justice Nyako, fueling tensions between the defense and the prosecution.
What’s Next?
The controversy over Justice Nyako’s role and the Federal Government’s bid to resume the trial continues to unfold. With no formal resolution, Kanu’s trial remains in legal limbo, raising questions about the fairness and impartiality of the judicial process.