Kanu’s Legal Team Opposes Nigerian Government’s Bid to Resume IPOB Leader’s Trial Under Justice Nyako

The legal team representing the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has firmly rejected the Nigerian government’s request to resume his trial under Justice Binta Nyako of the Federal High Court in Abuja.

This rejection follows a letter dated December 5, 2024, from the government’s legal team, signed by Senior Advocate of Nigeria (SAN) Asiwaju Adegboyega Awomolo, addressed to the Deputy Chief Registrar of the Federal High Court. The letter requested a trial date, stating that the case file had been returned to Justice Nyako by the Chief Judge for continuation.

The government’s letter read, “We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court, No. 2. Your record will reveal that the defendant asked His Lordship, Honourable Justice Binta Nyako, to recuse herself on Tuesday, September 24, 2024. The case file was returned to the Honourable Chief Judge, who subsequently reassigned it back to Honourable Justice Binta Nyako. Grateful, may we ask for a date for continuation of hearing of the criminal charges against the defendant.”

In response, Kanu’s legal team, led by Special Counsel Barrister Aloy Ejimakor, rejected the request. The team argued that Justice Nyako had recused herself from the case on September 24, 2024, with an order that remains valid and unchallenged.

In a letter dated December 9, 2024, addressed to the Deputy Registrar of the Federal High Court, Ejimakor emphasized that the order recusing Justice Nyako is still in effect and has not been overturned by any competent court.

The letter from Kanu’s legal team stated, “We wish to go on record to inform your good offices that the defendant takes serious exception to the said letter and vigorously objects to the request by the complainant for a date for continuation of hearing of this criminal case before Honourable Justice Binta Murtala-Nyako.

“Our position is based on the fact that Justice Nyako had entered and enrolled an order recusing herself from handling the case or continuing the trial. This order was entered on September 24, 2024, and remains extant and subsisting, as it has not been set aside by a subsequent competent court order.

“The complainant’s request is therefore misconceived and risks misleading this honorable court into a path of unconstitutionality. For clarity, from September 24, 2024, the defendant no longer has a case to answer before Justice Binta Murtala-Nyako.”

Justice Nyako’s recusal was reported in September 2024 after Kanu requested her withdrawal, citing her alleged disobedience of Supreme Court orders.