Aloy Ejimakor, the lead lawyer for Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has turned down the Federal Government’s request to set a new date for Kanu’s trial.
In a tweet on Tuesday, Ejimakor highlighted that despite being detained, Kanu remains strong and receives three visits weekly.
The Federal Government has charged Kanu with seven counts, including alleged treason and terrorism. Kanu, who denies the charges, was re-arrested in Kenya in 2021 and extradited to Nigeria.
During the last court session on September 24, 2024, Kanu requested that Justice Binta Nyako withdraw from the case, citing a lack of confidence. Justice Nyako then stepped down, passing the case to the Chief Judge for reassignment.
However, the Chief Judge returned the case to Justice Nyako, explaining that other judges had also stepped down from the case, which began in 2015. He reasoned that Justice Nyako, having handled the case for most of its duration, was best positioned to conclude it.
The Chief Judge added that if Kanu wanted Justice Nyako to recuse herself, he would need to file a formal motion supported by an affidavit.
In a letter dated December 5, 2024, addressed to the Deputy Chief Registrar of the Federal High Court, the Federal Government’s counsel, Adegboyega Awomolo, requested that a new trial date be set.
The letter stated, “We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court.
“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 Chief Judge.
“We were informed that the Honourable Chief Judge had returned the case file for the continuation of trial before His Lordship, the Honourable Justice Binta Nyako.
“Grateful, may we ask for a date for the continuation of hearing of the criminal charges against the defendant.”
In response, Ejimakor rejected the Federal Government’s request, insisting that Justice Nyako’s order recusing herself from the case remains valid.
In a letter addressed to the Deputy Chief Registrar, Ejimakor stated, “This communication pertains to the attached letter by the complainant requesting ‘a date for continuation of hearing of the criminal charges against the defendant.’
“We wish to go on 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.
“Our position is predicated on the fact that His Lordship, Hon. Justice Binta Murtala-Nyako, had entered and enrolled an order recusing herself from handling the case.
“The said order, entered on 24th September 2024, remains extant and subsisting, as it has not been set aside by any competent court order.
“For the avoidance of doubt, as of 24th September 2024, the defendant no longer has any such case to answer before Hon. Justice Binta Murtala-Nyako.”
Ejimakor further cautioned that proceeding with the Federal Government’s request could mislead the court into unconstitutional actions, describing the move as “fatally misconceived.”
