Nnamdi Kanu Rejects Trial Resumption, Demands Judge’s Recusal
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has opposed the Federal Government’s bid to resume his trial, insisting that Justice Binta Nyako must withdraw from presiding over the case.
Kanu’s lead counsel, Aloy Ejimakor, disclosed his client’s stance on X (formerly Twitter) on Tuesday, rejecting the request to reopen the trial. Kanu, facing seven charges of alleged treasonable felony and terrorism, has consistently maintained his innocence since his re-arrest in Kenya and extraordinary rendition to Nigeria in 2021.
During the September 24, 2024, court session, Kanu openly called for Justice Nyako to step aside, citing a lack of confidence in her impartiality. In response, Justice Nyako recused herself 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However, the Chief Judge returned the case to Justice Nyako, stating that two other judges had previously withdrawn from the matter and that she, having handled it since 2015, was the most suitable to conclude the proceedings. The Chief Judge advised Kanu to file a formal motion with supporting affidavits if he still sought her recusal.
Despite this directive, the Federal Government’s counsel, Adegboyega Awomolo (SAN), submitted a request for a new trial date in a letter dated December 5, 2024, asserting that Justice Nyako remained the trial judge based on the Chief Judge’s decision.
In a counter-letter, Ejimakor rejected the Federal Government’s request, emphasizing that Justice Nyako’s recusal order from September 24, 2024, was still valid.
“Our position is clear: Justice Nyako’s decision to recuse herself remains extant and binding. There is no basis for the prosecution’s attempt to reopen the case before her,” Ejimakor stated.
Kanu, during the previous court proceedings, voiced his mistrust directly to Justice Nyako, accusing her of failing to uphold a Supreme Court decision and refusing to obey constitutional provisions.
“My Lord, I have no confidence in this court. I ask you to recuse yourself because you failed to abide by the Supreme Court’s decision. This trial has become inconsistent with constitutional principles,” Kanu declared, while holding up a document he claimed was a Supreme Court judgment critical of the trial court’s impartiality.
The prosecution, however, urged Justice Nyako to continue with the case, dismissing Kanu’s objections as baseless.
Despite these arguments, Justice Nyako maintained her decision to step aside, stating, “I hereby recuse myself and remit the case file back to the Chief Judge.”
Kanu, initially arrested in 2015, was granted bail in 2017 on health grounds but fled the country following a military raid on his residence. After his re-arrest and rendition from Kenya in 2021, he has remained in the custody of the Department of State Services, with repeated bail applications denied by Justice Nyako.
The next steps in the legal battle remain uncertain as the judiciary faces continued scrutiny over the handling of Kanu’s case.
