Aloy Ejimakor, the lead counsel for Mazi Nnamdi Kanu has rejected the move by the Nigerian government to set a date for the resumption of the trial of the embattled leader of the Indigenous People of Biafra, IPOB.
Ejimakor based his rejection on the fact that Justice Binta Nyako of the Abuja Federal High Court entered and enrolled an order recusing herself from Kanu’s trial on September 24, 2024.
Recall that Kanu had requested Justice Nyako to step down from his trial due to a lack of confidence in her handling of the matter.
Following his request, the judge returned Kanu’s case file to the Chief Judge of the Federal High Court, Justice John Tsoho.
However, Justice Tsoho sent the case file back to Justice Nyako for the continuation of the trial.
Despite this, the prosecuting counsel for the Nigerian government, Adegboyega Awomolo, requested a date to continue Kanu’s trial.
In a letter addressed to the Deputy Chief Registrar of the Federal High Court and dated December 5, 2024, Awomolo wrote:
“We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court, No. 2.
“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 Hon. 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.
“Thank you for your anticipated cooperation.”
Rejecting Awomolo’s request, Ejimakor stated that the move was “fatally misconceived” and, if not checked, could mislead Justice Nyako into a path of “infamy and unconstitutionality.”
In a counter-letter to the Deputy Chief Registrar, Ejimakor wrote: “This communication pertains to the attached letter by the complainant requesting ‘a date for continuation of hearing of the criminal charges against the defendant.’
“By this communication, 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 for a date for the 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 herself from handling the case or continuing with the trial.
“The said order was entered on 24th September 2024 and, to date, remains 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, may mislead this Honourable Court to a path of infamy and unconstitutionality.
“For the avoidance of doubt, as of 24th September 2024, the defendant no longer has any such case to answer before His Lordship, Hon. Justice Binta Murtala-Nyako.”
Kanu has remained incarcerated since June 2021, when he was rearrested in Kenya and subjected to extraordinary rendition to Nigeria.
Following his return to Nigeria, the Court of Appeal discharged and acquitted Kanu of all charges, but the Nigerian government has refused to release him.
The matter was contested at the Supreme Court, and in December 2023, the apex court ordered Kanu’s case to be returned to the Abuja Federal High Court for retrial.
