Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has declined the Federal Government’s request to proceed with his trial over the recusal of the presiding judge.
Aloy Ejimakor, Nnamdi Kanu’s designated legal representative, revealed this information in a written communication submitted to the court in December.
Mr Ejimakor posted the letter on his X social media account on Tuesday.
Mr Kanu has been in detention since he was repatriated to Nigeria from Kenya in June 2021 under controversial circumstances.
The IPOB leader is being prosecuted for alleged terrorism by the Nigerian government at a Federal High Court in Abuja.
During the court’s last hearing on 24 September 2024, Mr Kanu requested that Justice Binta Nyako recuse herself from his trial, accusing the judge of bias.
The judge subsequently announced her withdrawal from the matter, but the Chief Judge of the Federal High Court later still reassigned the matter to Mrs Nyako.
The Nigerian government, represented by its lawyer Adegboyega Awomolo, has submitted a request to the court to schedule a new date for the continuation of the trial against the leader of the Indigenous People of Biafra (IPOB).
The letter was dated 5 December 2024 and addressed to the deputy chief registrar of the Federal High Court.
“We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court,” Mr Awomolo, a Senior Advocate of Nigeria, said in the letter in reference to Mr Kanu’s case.
He said, “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 Chief Judge.
“We were informed that the Honourable Chief Judge had returned the case file for the continuation of trial before His Lordship, the Honourable Justice Binta Nyako.
“Grateful, may we ask for a date for the continuation of the hearing of the criminal charges against the defendant.”
In response, Mr. Ejimakor, Mr. Kanu’s special counsel, denied the government’s request to have Judge Nyako reinstated in the case.
He maintained that Judge Nyako’s previous order recusing herself from the case is still valid and binding.
In the letter addressed to the court’s Deputy Chief Registrar on behalf of Mr Kanu, the lawyer said the IPOB leader was displeased with the letter by the Nigerian government.
“Our position is predicated on the fact that His Lordship, Hon. Justice Binta Murtala-Nyako, had entered and enrolled an order recusing herself from handling the case.
“The said order entered on 24th September 2024 remains extant and subsisting, as it has not been set aside by any competent court order,” Mr Ejimakor stated.
“For the avoidance of doubt, as of 24th September 2024, the defendant no longer has any such case to answer before Hon. Justice Binta Murtala-Nyako.”
The special counsel argued that the government’s request was “fatally misconceived” and could mislead the court to “a path of infamy and unconstitutionality.”
“We are not against trial but that Justice Binta Nyako, having recused herself, she can no longer preside over the case,” Mr Ejimakor said in a post on his X handle on Tuesday.
Mr Kanu was first arrested in 2015 under the administration of former Nigerian President Muhammadu Buhari.
The Court of Appeal, Abuja, on 13 October 2022, held that the IPOB leader was extraordinarily renditioned to Nigeria and that the action was a flagrant violation of the country’s extradition treaty and a breach of his fundamental human rights.
The court, therefore, struck out the terrorism charges filed against Mr Kanu by the Nigerian government and ordered his release from the facility of the State Security Service
But the government refused to release the IPOB leader, insisting that he (Kanu) could be unavailable in subsequent court proceedings if released and that his release would cause insecurity in the South-east, where he comes from.
The government, through the office of the Attorney-General of the Federation, later appealed the court ruling and subsequently obtained an order staying the execution of the court judgement at the Supreme Court.
Delivering judgement on the appeal on 15 December 2023, the Supreme Court reversed the lower court’s acquittal granted to Mr Kanu and consequently ordered the continuation of his trial at the Federal High Court Abuja
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