The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has firmly opposed the Federal Government’s attempt to resume his trial, citing concerns over judicial impartiality.
His lead counsel, Aloy Ejimakor, emphasized that Justice Binta Nyako, who had previously stepped down from the case, should not preside over the matter.
In September 2024, Justice Nyako recused herself after Kanu expressed a lack of confidence in her ability to deliver a fair judgment. “I hereby recuse myself and remit the case file back to the chief judge,” she declared in court.
Despite this, Chief Judge John Tsoho returned the case file to her, stating that Kanu’s application for her recusal should have been made formally through a motion on notice.
Recently, the prosecution counsel, Adegboyega Awomolo, requested a new trial date in a letter dated December 5. However, Kanu’s legal team opposed the move in a December 9 response, arguing that Nyako’s recusal remains in effect until overturned by a competent court.
“By this communication, we wish to go on the record to inform your good offices that the defendant takes serious exception to the said letter and hereby vigorously objects to the request by the complainant for a date for continuation of hearing of this criminal case before His Lordship, Hon. Justice Binta Murtala-Nyako,” the letter reads.
“Our position is predicated on the fact-of-record that his lordship (Hon. Justice Binta Murtala-Nyako) had entered and enrolled an order recusing his lordship from handling the case or continuing with the trial.
“The said order was entered on 24th September 2024 and, to date, the order is extant and subsisting, as it has not been set aside by a subsequent order made by a competent court, pursuant to a competent process on notice.
“Accordingly, we believe that the complainant’s request is fatally misconceived and if not checked, it may mislead this honourable court to a path of infamy and unconstitutionality.
“For avoidance of doubt, as from 24th September 2024, the defendant no longer has any such case to answer before his lordship, honourable Justice Binta Murtala-Nyako.”
Kanu, detained since his 2021 extradition from Kenya, has reiterated his willingness to face a fair trial but insists that Justice Nyako is unfit to oversee the case due to her prior withdrawal and perceived bias.
On social media, Ejimakor added, “We are not against trial, but Justice Binta Nyako having recused herself, she can no longer preside over the case.”
The IPOB leader faces charges of treasonable felony connected to his activities as the group’s leader. The legal battle continues to raise questions about judicial fairness and constitutional adherence in Nigeria.
