- IPOB Leader Insists Justice Nyako Should Step Aside Over Alleged Bias
- Federal Government Pushes for Continuation of Treason Trial Amid Legal Controversy
Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has opposed the Federal Government’s request to resume his trial, reiterating his demand for Justice Binta Nyako to recuse herself from the case. Kanu’s legal team, led by Aloy Ejimakor, maintains that the judge’s previous decision to step down from the matter remains valid and binding.
Background of the Case
Kanu faces a seven-count charge of treasonable felony and terrorism, to which he has pleaded not guilty. He was re-arrested in Kenya in 2021 and extradited to Nigeria under controversial circumstances. Since then, he has been in the custody of the Department of State Services (DSS), with multiple bail requests denied by the court.
In September 2024, Justice Nyako recused herself after Kanu expressed a lack of confidence in her impartiality. However, the Chief Judge of the Federal High Court reassigned the case to her, citing her familiarity with the matter since 2015.
Federal Government’s Position
In a December 2024 letter to the court, Adegboyega Awomolo (SAN), counsel for the Federal Government, argued that the Chief Judge’s directive reinstated Justice Nyako as the presiding judge. Awomolo urged the court to set a new trial date and proceed with the case.
Kanu’s Objection
Kanu’s legal team has firmly rejected the Federal Government’s request, insisting that Justice Nyako’s recusal order from September 24 remains enforceable. Ejimakor accused the prosecution of attempting to mislead the court.
“Our position is that Justice Nyako’s order recusing herself is extant and has not been set aside by any competent court. Therefore, there is no valid trial before her,” Ejimakor said.
During a prior hearing, Kanu personally addressed the judge, stating:
“I have no confidence in this court anymore. I ask you to recuse yourself because you did not abide by the decision of the Supreme Court. This is regrettable and undermines my right to a fair trial.”
Legal Impasse
Justice Nyako had initially agreed to recuse herself and remitted the case file to the Chief Judge. However, the Chief Judge’s decision to return the case to her has deepened the legal stalemate.
The Federal Government insists that Kanu’s objection lacks merit and is delaying the trial. Awomolo urged the court to ignore the objection and proceed with the case.
Historical Context
Kanu was first arrested in October 2015 and granted bail on health grounds in 2017. He fled Nigeria after a military raid on his home, later resurfacing in the United Kingdom. His controversial re-arrest in Kenya in 2021 has drawn widespread condemnation from international human rights organizations.
What Lies Ahead?
As the legal battle intensifies, Kanu’s demand for a fair trial remains at the center of the controversy. The decision on Justice Nyako’s continued involvement will significantly impact the direction of the case, raising questions about judicial impartiality and the Federal Government’s handling of dissent.
