Kanu vs. FG: Kanu Opposes Request to Resume His Trial
Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has rejected the federal government’s request to resume his trial. On September 24, 2024, Justice Binta Nyako, a judge of the Federal High Court, withdrew from Kanu’s case after the defendant made an oral application questioning her impartiality. In her ruling, Justice Nyako stated, “I hereby recuse myself and remit the case file back to the chief judge.” Kanu had expressed a lack of confidence in her ability to handle the proceedings.
Despite this development, the Chief Judge of the Federal High Court, John Tsoho, later reassigned the case back to Justice Nyako, arguing that Kanu’s request for her withdrawal needed to be formally submitted through a motion on notice.
On December 5, 2024, the prosecution counsel, Adegboyega Awomolo, wrote to the Deputy Chief Registrar requesting a date for the trial to continue. This prompted a response from Kanu’s lawyer, Aloy Ejimakor, who sent a letter dated December 9, 2024, opposing the request.
In his letter, Ejimakor argued that Justice Nyako’s decision to recuse herself from the case remains valid. He stated, “By this communication, we wish to inform your good offices that the defendant strongly objects to the complainant’s request for a trial date before Hon. Justice Binta Murtala-Nyako.”
Ejimakor further emphasised that Justice Nyako’s recusal was entered into the court record and remains in effect, adding, “It has not been overturned by any competent court order made through a proper legal process.”
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He also cautioned against proceeding with the prosecution’s request, warning that it could lead to actions deemed unconstitutional. Ejimakor wrote, “The complainant’s request is fatally misconceived and, if not addressed, may mislead this honourable court to a path of infamy and unconstitutionality.”
The legal battle over Kanu’s trial continues to spark significant public interest, as it highlights ongoing tensions between IPOB and the federal government, as well as broader issues of judicial impartiality and procedural integrity.
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