Nnamdi Kanu Rejects Trial Resumption Under Justice Binta Nyako
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has strongly opposed the federal government’s request for the resumption of his trial under Justice Binta Nyako, insisting that her prior decision to recuse herself from the case remains valid.
In a letter dated December 9, Kanu’s counsel, Aloy Ejimakor, criticized the prosecution’s push for a trial date. He argued that Justice Nyako’s recusal on September 24, 2024, is still binding since no formal order has reversed her decision.
“Our position is predicated on the fact-of-record that his lordship, Hon. Justice Binta Murtala-Nyako, had entered and enrolled an order recusing her lordship from handling the case or continuing with the trial,” Ejimakor stated in his letter to the Deputy Chief Registrar of the Federal High Court, Adegboyega Awomolo.
Justice Nyako stepped away from the case after Kanu personally told her he no longer had confidence in her handling of his trial. Following this, she formally remitted the case file to the Chief Judge of the Federal High Court, John Tsoho. However, Tsoho reverted the file to Nyako, noting that Kanu’s request for recusal needed to be formally brought before the court through a motion on notice.
Also Read: Bianca Ojukwu’s Appointment: Can It Sway Southeast Votes or Quell IPOB Agitations?
Despite this development, Ejimakor maintains that Justice Nyako’s decision to step down was final and should not be contested without proper legal processes.
“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,” he argued.
He further described the prosecution’s request as “fatally misconceived,” adding that it risks leading the court “to a path of infamy and unconstitutionality.”
The federal government’s recent move, detailed in a letter dated December 5, had sought a trial date to resume proceedings before Justice Nyako. However, Ejimakor emphasized that “the defendant takes serious exception to the said letter and hereby vigorously objects to the request.”
