The legal team of the detained leader of the Indigenous People of Biafra ,IPOB,, Nnamdi Kanu, has rejected the reassignment of Kanu’s trial to Justice Binta Nyako of the Federal High Court in Abuja, arguing that the moves amounts to unconstitutionality.
The development followed request by the Nigerian government’s legal team to resume trial of the IPOB leader at the Federal High Court in Abuja presided by Nyako.
The Nigeria’s legal team had in a letter dated December 5, 2024 by Asiwaju Adegboyega Awomolo (SAN) requested a date for resumption of Kanu’s trial under Justice Nyako.
The letter which was addressed to the Deputy Chief Registrar of the Federal High Court in Abuja read, “We write as prosecuting counsel in the above name 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 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.”
Responding to the development however, Kanu’s legal team led by his Special Counsel, Barrister Aloy Ejimakor, rejected the request, noting that Justice Nyako had entered and enrolled an Order recusing her from handling the case or continuing with the trial.
Kanu’s legal team recalled that the said Order was entered on September 24, 2024 and, to date, the Order is extant and subsisting, stressing that the Order has not been set aside by a subsequent Order made by a competent Court, pursuant to a competent process on notice.
Kanu’s legal team made the objection in a letter dated December 9, 2024, signed by the lead counsel, Barrister Aloy Ejimakor, and addressed to the Deputy Registrar of the Federal High Court in Abuja in response to the Nigerian government’s legal team’s request.
The letter by Kanu’s legal team read, “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.’
“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.”
