The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has rejected the federal government’s request for the resumption of his trial.
It will be recalled that on 24 September 2024, Justice Binta Nyako of the Federal High Court recused herself from the case following an oral application by Kanu.
She had stated, “I hereby recuse myself and remit the case file back to the chief judge” after Kanu directly expressed his lack of confidence in her handling of the matter.
However, the Chief Judge of the Federal High Court, John Tsoho, returned the case file to Justice Nyako, citing that Kanu’s application must be formally presented before the court through a motion on notice.
In response, the prosecution counsel, Adegboyega Awomolo, in a letter dated 5 December, requested the court to fix a date for the continuation of Kanu’s trial.
Opposing the request, Kanu’s counsel, Aloy Ejimakor, in a letter dated 9 December, insisted that Justice Nyako’s recusal order remains valid.
Ejimakor stated, “By this communication, we wish to go on the record to inform your good offices that the defendant takes serious exception to the said letter and hereby vigorously objects to the request by the complainant for a date for continuation of hearing of this criminal case before His Lordship, Hon. Justice Binta Murtala-Nyako.
“Our position is predicated on the fact-of-record that His Lordship (Hon. Justice Binta Murtala-Nyako) had entered and enrolled an order recusing His Lordship from handling the case or continuing with the trial.
“The said order was entered on 24th September 2024 and, to date, the order is extant and subsisting, as it has not been set aside by a subsequent order made by a competent court, pursuant to a competent process on notice.”
He further argued, “Accordingly, we believe that the complainant’s request is fatally misconceived and, if not checked, it may mislead this honourable court to a path of infamy and unconstitutionality.”
The matter remains unresolved as the court deliberates on the next steps.
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