Nnamdi Kanu’s Lawyer Rejects Nigerian Government’s Push to Resume Trial
The lead counsel for Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has strongly rejected the Nigerian government’s request to set a date for the resumption of Kanu’s trial. The objection is based on the fact that Justice Binta Nyako of the Abuja Federal High Court had previously recused herself from handling Kanu’s case on September 24, 2024.
Kanu had filed a request for Justice Nyako to step down, citing a lack of confidence in her handling of the case. In response, the judge returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho. However, despite this, Justice Tsoho sent the file back to Justice Nyako, requesting that the trial continue under her jurisdiction.
The prosecuting counsel for the Nigerian government, Adegboyega Awomolo, then requested a date for the continuation of the trial, which was communicated in a letter to the Deputy Chief Registrar of the Federal High Court on December 5, 2024.
In his response, Kanu’s lead counsel, Aloy Ejimakor, rejected the request, calling it “fatally misconceived.” Ejimakor argued that the request could mislead Justice Nyako into proceeding in a manner that could be deemed unconstitutional and improper.
In a counter-letter addressed to the Deputy Chief Registrar, Ejimakor pointed out that Justice Nyako had entered and enrolled an order to recuse herself from the case, effective September 24, 2024. He emphasized that the order had not been set aside by any competent court, making the prosecution’s request for a trial date invalid.
Ejimakor concluded that as of September 24, 2024, Kanu no longer had a case to answer before Justice Nyako, reinforcing his position that the trial could not continue under her supervision.
Kanu, who has been in detention since his rearrest in Kenya in June 2021 and subsequent extraordinary rendition to Nigeria, remains in prison despite the Court of Appeal’s ruling in 2022 that acquitted him of all charges. The Nigerian government has yet to release him, and in December 2023, the Supreme Court ordered the case to be returned to the Abuja Federal High Court for retrial.
