Nnamdi Kanu opposes FG's bid to resume trial, insists judge must be changed

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has rejected the federal government’s push to resume his trial, citing concerns over the impartiality of the presiding judge.

On September 24, Justice Binta Nyako of the Federal High Court recused herself from the case following an oral application by Kanu’s legal team.

“I hereby recuse myself and remit the case file back to the chief judge,” Nyako declared after Kanu expressed a lack of confidence in her ability to ensure a fair trial.

Despite this, the Chief Judge of the Federal High Court, Justice John Tsoho, returned the case file to Nyako, stating that Kanu’s request for her recusal must be formalised through a motion on notice.

Subsequently, in a letter dated December 5, Adegboyega Awomolo, counsel for the prosecution, requested the court to fix a date for the trial’s continuation. This move was met with firm opposition from Kanu’s lawyer, Aloy Ejimakor. In a letter dated December 9, Ejimakor asserted that Justice Nyako’s recusal remained valid and binding.

“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,” Ejimakor wrote.

Ejimakor further emphasised that Kanu no longer recognises Justice Nyako as the presiding judge over his case. He reiterated this position in a social media post on Tuesday, stating: “We are not against trial but that Justice Binta Nyako having recused herself, she can no longer preside over the case.