Kanu’s Counsel Rejects Resumption, Cites Valid Recusal of Judge
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, currently in detention, has challenged the Federal Government’s attempt to recommence his trial. His lead counsel, Aloy Ejimakor, took to X on Tuesday to announce that Kanu rejected the government’s move to reopen the trial, emphasizing that Justice Binta Nyako should remain recused from the case.
Legal Arguments on Recusal Stand
Ejimakor argued that Justice Nyako’s self-recusal from the case on September 24, 2024, is still legally valid. “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,” he stated. He further accused the prosecution of attempting to mislead the judiciary, asserting that Kanu no longer has a case to answer before Justice Nyako.
Background of the Case
Kanu faces seven counts related to alleged treasonable felony and terrorism, to which he has pleaded not guilty. Initially arrested in 2015 upon returning from the UK, he was granted bail in 2017 due to health issues but fled Nigeria after a military raid on his home. He was later captured in Kenya in 2021 and extradited back to Nigeria, where he has been held by the Department of State Services.
Court Session and Judge’s Recusal
During the last court session on September 24, 2024, Kanu demanded that Justice Nyako step down from his case, citing a lack of confidence in her impartiality. Justice Nyako complied and sent the case back to the Chief Judge for reassignment. However, the Chief Judge decided that Justice Nyako should continue, given her long-standing involvement with the case since 2015 and the fact that two other judges had previously recused themselves.
Procedural Disputes Continue
The Chief Judge mandated that if Kanu persists with the recusal demand, he must file a formal motion supported by an affidavit explaining his reasons. Despite this, the Federal Government’s counsel, Adegboyega Awomolo (SAN), sought to set a new trial date in a letter dated December 5, 2024, arguing that Justice Nyako’s reinstatement was justified by the Chief Judge’s decision.
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Kanu’s Direct Appeal to the Court
In a dramatic courtroom moment, Kanu himself spoke out, claiming that Justice Nyako had not followed a Supreme Court decision. “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, emphasizing the constitutional irregularities he perceives in his trial.
Prosecution’s Response and Judge’s Final Decision
Awomolo dismissed Kanu’s claims as baseless, urging the court to proceed. However, after Kanu presented what he claimed was evidence from a Supreme Court ruling, Justice Nyako decided to recuse herself, sending the case back to the Chief Judge, thus affirming her initial decision to step aside from the trial.
