The legal team representing Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has firmly rejected a request by the Nigerian government’s legal representatives to resume his trial under Justice Binta Nyako of the Federal High Court in Abuja. This objection follows an earlier order by Justice Nyako to recuse herself from handling the case.
In a letter dated December 5, 2024, the Nigerian government’s legal team, led by Asiwaju Adegboyega Awomolo (SAN), requested a trial date for the continuation of the case under Justice Nyako. The letter noted that the case file had been returned to Justice Nyako by the Chief Judge of the Federal High Court.
The letter stated, “Your record will reveal that the defendant asked His Lordship, the Honourable Justice Binta Nyako, to recuse herself on Tuesday, September 24, 2024. The case file was returned to the Chief Judge, who has now returned it for continuation of trial by Justice Nyako. We respectfully ask for a date for the hearing of the criminal charges against the defendant.”
However, Kanu’s legal team, led by Barrister Aloy Ejimakor, opposed the move in a letter dated December 9, 2024. They argued that Justice Nyako had already entered and enrolled an order recusing herself from the trial. They emphasized that this order, issued on September 24, 2024, remains valid and has not been overturned by any competent court.
In their response, Kanu’s legal team stated, “We take serious exception to the request and object to the continuation of this case before Hon. Justice Binta Murtala-Nyako. The recusal order remains extant and subsisting, and no subsequent order has set it aside.”
The team further warned that granting the government’s request could lead to unconstitutional proceedings, stating, “This request is fatally misconceived and, if unchecked, could mislead the court onto a path of infamy and unconstitutionality.”
Justice Nyako’s decision to recuse herself in September 2024 followed an application by Kanu’s legal team citing concerns about her impartiality and alleged disregard for orders issued by the Supreme Court. Kanu, who has been in detention since his controversial extradition to Nigeria, is facing multiple charges, including allegations of terrorism and treasonable felony.
As the legal standoff continues, the case has drawn significant national and international attention, with advocates for Kanu’s release citing human rights concerns and political motivations behind his prosecution. The Federal High Court is yet to announce the next steps in the ongoing legal battle.
