By DAYO ADESULU
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has firmly opposed the federal government’s push to resume his trial, citing the previous recusal of the presiding judge, Justice Binta Nyako, as grounds for his objection.
Background: Justice Nyako’s Recusal
On September 24, 2024, Justice Binta Nyako recused herself from Kanu’s case following an oral application from the defense. In her ruling, she stated, “I hereby recuse myself and remit the case file back to the Chief Judge.” Kanu had earlier expressed his lack of confidence in her ability to handle his trial impartially.
Despite this, the Chief Judge of the Federal High Court, John Tsoho, reverted the case file to Justice Nyako, asserting that Kanu’s application for her recusal must be formally filed through a motion on notice.
Prosecution Pushes for Trial Resumption
On December 5, 2024, the prosecution counsel, led by Adegboyega Awomolo, wrote to the Deputy Chief Registrar requesting a date for the continuation of the trial.
In response, the defense counsel, Aloy Ejimakor, objected to the request in a letter dated December 9, 2024. Ejimakor argued that Justice Nyako’s recusal order remains valid and binding unless overturned by a competent court.
Defense Stands Firm on Recusal
Ejimakor highlighted the procedural impropriety of attempting to resume the trial before Justice Nyako, stating:
“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 warned that proceeding with the trial under these circumstances could lead to unconstitutional actions, undermining the integrity of the judicial process.
Key Points of Contention
- Judge’s Recusal: The defense insists that Justice Nyako’s recusal remains in effect unless overturned through formal legal proceedings.
- Procedural Flaws: The prosecution’s request for a trial date is seen as premature and “fatally misconceived” by Kanu’s legal team.
- Judicial Independence: The defense fears that ignoring the recusal order may erode public trust in the judiciary.
Next Steps
The Federal High Court is expected to deliberate on the objections raised by Kanu’s legal team, determining whether Justice Nyako’s recusal will be upheld or overturned.
