Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), currently in detention, has strongly opposed the Federal Government’s request to resume his trial. He insists that Justice Binta Nyako must step down from the case, citing her prior decision to recuse herself.
Kanu’s lead counsel, Aloy Ejimakor, reaffirmed this position on Tuesday, January 7, emphasizing that Justice Nyako’s September 24, 2024, order recusing herself remains valid and unchallenged. “The order remains extant and subsisting, with no competent court overturning it,” Ejimakor stated, accusing the prosecution of attempting to mislead the court.
Kanu, who faces seven charges, including treasonable felony and terrorism, pleaded not guilty to all allegations. First arrested in 2015 and granted bail on health grounds in 2017, Kanu fled Nigeria after a military raid on his home. He was re-arrested in Kenya in 2021 and has since remained in the custody of the Department of State Services (DSS).
During the September 2024 court session, Kanu requested Justice Nyako’s withdrawal, citing a loss of confidence in her handling of the case. Justice Nyako complied, forwarding the case to the Chief Judge for reassignment. However, the Chief Judge returned the case to her, reasoning that two other judges had previously recused themselves and Nyako was best suited to conclude the trial.
Despite directives to file a formal motion for her recusal, Kanu maintained his stance. Addressing the court, he said, “My Lord, I no longer have confidence in this court and request your recusal because of your refusal to adhere to the Supreme Court’s decision. I urge you to step down.”
Prosecution counsel Adegboyega Awomolo (SAN) countered, urging the court to proceed with the trial, calling Kanu’s objections baseless. However, Kanu presented a Supreme Court document questioning the trial court’s impartiality, reinforcing his constitutional concerns.
In response, Justice Nyako formally recused herself, stating, “I hereby remit the case file to the Chief Judge.”
