The legal battle involving Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has taken a fresh turn as his lead counsel, Aloy Ejimakor, rejected a Federal Government request to resume his trial. The request followed the reassignment of the case back to Justice Binta Nyako, who had previously recused herself in response to Kanu’s plea citing a lack of confidence. Ejimakor firmly maintained that the recusal remains binding, as no formal court order has overturned it.
Kanu, who faces a seven-count charge of treasonable felony and terrorism, was re-arrested in Kenya and extradited to Nigeria in 2021. Despite pleading not guilty, his case has been marred by procedural delays and judicial withdrawals, complicating its resolution. At the last court session in September 2024, Kanu’s legal team requested Justice Nyako’s recusal, marking the third such withdrawal in the prolonged case since its inception in 2015.
The Federal Government, represented by counsel Adegboyega Awomolo, urged the court to fix a new trial date, asserting that Justice Nyako, having handled the matter extensively, remains the most suitable judge to conclude the case. However, Ejimakor rebuffed this position, cautioning that continuing with the case under Justice Nyako would be unconstitutional and procedurally flawed. He emphasized that the recusal order stands as a legitimate court directive.
Ejimakor further criticized the prosecution’s insistence on involving Justice Nyako, stating that such a move risks undermining judicial integrity. He called on the Federal High Court to respect the principle of fairness, warning that attempts to override the recusal would set a dangerous precedent. His letter to the court firmly objected to the government’s request for resumption, insisting that the order of recusal must remain extant until set aside by due process.
This legal standoff has added complexity to Kanu’s prolonged detention, which has faced criticism from human rights groups and international observers. While the IPOB leader continues to receive three visitations weekly, his legal team remains steadfast in its demand for fair trial practices and adherence to judicial rulings.
