Nnamdi Kanu rejects FG’s request for trial resumption, insists judge must be changed

Nnamdi Kanu rejects FG’s request for trial resumption, insists judge must be changed

Nnamdi Kanu, leader of the proscribed Indigenous People of
Biafra (IPOB), has opposed the federal government’s request for the resumption
of his trial.

 

​​On September 24, Binta Nyako, a federal high court judge,
recused herself from Kanu’s case after an oral application by the defendant.

 

“I hereby recuse myself and remit the case file back to the
chief judge,” Nyako had said.

 

Kanu directly told Nyako that he no longer had confidence in
her handling of his trial.

 

However, John Tsoho, chief judge of the federal high court,
reverted the file to Nyako on the ground that Kanu’s application must be
brought formally before the court through a motion on notice.

 

Consequently, in a letter dated December 5 and addressed to
the deputy chief registrar, Adegboyega Awomolo, prosecution counsel, asked the
court to fix a date for the commencement of trial.

 

Opposing the request for a trial date, Aloy Ejimakor,
counsel to Kanu, in a letter dated December 9, said the ruling of the judge
recusing herself from the case subsists.

 

“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,” the letter reads.

 

“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 honourable 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, honourable
justice Binta Murtala-Nyako.”

 

In a post on X on Tuesday, Ejimakor said: “We are not
against trial but that Justice Binta Nyako having recused herself, she can no
longer preside over the case.

 

“Recall that MNK stated in open court that he no longer has
confidence in the Judge, especially as the Supreme Court also stated that her
impartiality is suspect.”

 

BACKGROUND

 

Kanu has been in the custody of the DSS since he was
re-arrested in Kenya and extradited to Nigeria in 2021.

 

He has been standing trial on a seven-count charge bordering
on treasonable felony.

 

In 2017, the court granted Kanu bail on the charges filed
against him by the federal government.

 

However, the court revoked the bail and issued a bench
warrant for his arrest after he failed to present himself as required.

 

In April 2022, Nyako struck out eight of the 15 counts in
the charge.

 

The remaining seven counts were also quashed by the court of
appeal on October 13, 2022, with the judge ordering Kanu’s release.

 

However, on October 28, 2022, the court of appeal granted a
stay of execution on its verdict discharging Kanu, after the federal government
filed an appeal at the supreme court.

 

In March, Kanu was denied bail. In May, his bail request was
again turned down. 

Source: Nnamdi Kanu rejects FG’s request for trial resumption, insists judge must be changed

 - NigerianEye
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