The legal representatives of Nnamdi Kanu, the incarcerated leader of the Indigenous People of Biafra (IPOB), have declined the Nigerian government’s appeal to recommence the IPOB leader’s criminal charges trial under Justice Binta Nyako of the Federal High Court in Abuja.
The Nigerian government’s legal team had requested a date for the resumption of Kanu’s trial in a letter addressed to the Deputy Chief Registrar of the Federal High Court in Abuja, dated December 5, 2024. The letter, signed by Asiwaju Adegboyega Awomolo (SAN), aimed to resume the trial under Justice Nyako.
The letter read, “We write as prosecuting counsel in the above name criminal case pending before the Federal High Court, No. 2.
“Your record will reveal that the defendant asked His Lordship, the Honourable Justice Binta Nyako, to recuse herself on Tuesday 24th September 2024.
“The case file was returned to the Honourable the Chief Judge. We were informed that the Hon. Chief Judge had returned the case file back for continuation of trial by his Lordship the Honourable Justice Binta Nyako.
“Grateful, may we ask for a date for continuation of hearing of the criminal charges against the defendant.”
However, Nnamdi Kanu’s legal team, led by Barrister Aloy Ejiafor, rejected the request to resume the trial of the IPOB leader under Justice Binta Nyako.
The team cited an order issued on September 24, 2024, by Justice Nyako, recusing herself from handling the case due to Kanu’s loss of confidence in her handling of the matter.
Barrister Ejiafor emphasized that the order is still in effect and has not been overturned by a competent court. The team’s objection was conveyed in a letter dated December 9, 2024, sent to the Federal High Court’s Deputy Registrar in response to the Nigerian government’s request to set a trial date.
It is noteworthy that the case file was returned to Justice Nyako by the Chief Judge of the Federal High Court, Justice John Tsoho, despite Kanu’s request for her recusal. This decision has led to concerns about the impartiality of the trial and the potential impact on Kanu’s right to a fair hearing. As the situation continues to evolve, Kanu’s legal team remains steadfast in their commitment to protecting their client’s rights and ensuring a just and transparent legal process.
The letter by Kanu’s legal team read, “This communication pertains to the attached Letter by the Complainant requesting ‘for a date for continuation of hearing of the criminal charges against the defendant.’
“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.
“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 Honorable 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, Honorable Justice Binta Murtala-Nyako.”
