Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has rejected a request by the Nigerian government to continue his trial.
Aloy Ejimakor, his special counsel, disclosed this in a letter addressed to the court in December.
The letter was uploaded on Mr Ejimakor’s X handle 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.
Recusal of trial judge
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.
Nigerian govt’s request
Through its lawyer, Adegboyega Awomolo, the Nigerian govt requested the court to fix a date to continue the IPOB leader’s trial.
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.”
Kanu kicks
But reacting, Mr Ejimakor, Mr Kanu’s special counsel, rejected the government’s request and insisted that Mrs Nyako’s order recusing herself from the case remains valid.
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.
Background
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.
