The legal team representing the detained leader of the infamous Indigenous People of Biafra (IPOB), Nnamdi Kanu, has rejected a fresh request by the legal team of the Nigerian government to continue his trial under Justice Binta Nyako of the Federal High Court in Abuja.
The government’s legal team had, in a letter dated December 5, 2024, signed by Asiwaju Adegboyega Awomolo (SAN) and addressed to the Deputy Chief Registrar of the Federal High Court in Abuja, requested a date for resumption of Kanu’s trial under Justice Nyako.
In the letter, the federal government had requested the resumption of the terrorism and criminal charges against Kanu pending before the Federal High Court which were assigned to Justice Nyako even after she had recused herself from the trial on September 24th.
“We write as prosecuting counsel in the above name criminal case pending before the Federal High Court, No. 2,” the letter had read.
“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 the Chief Judge. We were informed that the Hon. Chief Judge had returned the case file back for continuation of trial by his Lordship the Honourable Justice Binta Nyako.
“Grateful, may we ask for a date for continuation of hearing of the criminal charges against the defendant.”
But in a response to the request filed on Tuesday by Kanu’s Special Counsel, Barrister Aloy Ejimakor, and addressed to the Attorney General of the Federation, the IPOB leader’s team rejected the request, noting that Justice Nyako had entered and enrolled an Order recusing her from handling the case or continuing with the trial.
Ejimakor noted that the order was entered on September 24, 2024 and, to date, the order is extant and subsisting, stressing that it has not been set aside by a subsequent order made by a competent court, pursuant to a competent process on notice.
“This communication pertains to the attached Letter by the complainant requesting ‘for a date for continuation of hearing of the criminal charges against the defendant,” the objection letter said.
“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.
“Accordingly, we believe that the Complainant’s request is fatally misconceived and if not checked, it may mislead this Honorable Court to a path of infamy and unconstitutionality.
“For avoidance of doubt, as from 24th September 2024, the Defendant no longer has any such case to answer before His Lordship, Honorable Justice Binta Murtala-Nyako.”
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