The detained leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu, has firmly opposed the Nigerian Government’s request to resume his trial, maintaining that the trial judge, Justice Binta Nyako, must recuse herself from the case.
Kanu’s lead counsel, Aloy Ejimakor, shared this position in a post on X (formerly Twitter) on Tuesday, stating that the Nigerian Government’s attempt to restart the trial should not proceed, as Justice Nyako’s recusal remains in effect.
Kanu, who faces seven charges including treasonable felony and terrorism, was re-arrested in Kenya in 2021 and extradited to Nigeria. He has denied all charges. On September 24, 2024, Kanu formally requested that Justice Nyako step down, citing a lack of confidence in her ability to fairly handle the case.
Justice Nyako initially agreed to recuse herself and forwarded the case file to the Chief Judge of the Federal High Court for reassignment. However, the Chief Judge returned the file to Justice Nyako, arguing that she had been handling the case since 2015 and was the most qualified to conclude the matter. The Chief Judge instructed that Kanu must file a formal motion with an affidavit if he wished for the judge to step aside.
In a response to this directive, the Nigerian Government’s counsel, Adegboyega Awomolo (SAN), requested a new trial date in a letter to the Deputy Chief Registrar of the Federal High Court on December 5, 2024. Awomolo contended that the Chief Judge’s decision reinstated Justice Nyako as the trial judge.
However, Ejimakor rejected this argument, asserting that Justice Nyako’s recusal order from September 24, 2024, remained valid and binding.
“Our position is based on the fact that Justice Nyako entered and enrolled an order recusing herself, and that order is still in force,” Ejimakor wrote. “It has not been overturned by any competent court.”
Ejimakor accused the prosecution of attempting to mislead the court, stating that Kanu no longer has a case before Justice Nyako. He further clarified that Kanu’s objection to her continuing in the case was not personal but based on a legitimate concern over the constitutionality of the trial.
In court, during a previous session, Kanu himself strongly objected to Justice Nyako presiding over his case. He accused her of failing to comply with a Supreme Court ruling, which led to his lack of confidence in her impartiality. “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 said.
In response, Awomolo urged the court to proceed, dismissing Kanu’s claims as irrelevant to the case. But Kanu persisted, holding up a document he claimed was a copy of the Supreme Court judgment that supported his position.
Ultimately, Justice Nyako agreed to step down, officially remitting the case file back to the Chief Judge for reassignment.
Kanu’s case dates back to October 14, 2015, when he was first arrested after returning to Nigeria from the UK. He was granted bail in 2017 due to health concerns but fled the country after a military raid on his home. He was re-arrested in Kenya in 2021 and extradited to Nigeria, where he has remained in the custody of the Department of State Services (DSS). His repeated applications for bail have been denied by Justice Nyako.
