Nnamdi Kanu, the detained leader of the Indigenous People of Biafra , IPOB, , has opposed the Federal Government’s request to resume his trial.

He is demanding that the trial judge, Justice Binta Nyako, recuse herself from the case.

Kanu’s lead counsel, Aloy Ejimakor, shared the position on X on Tuesday, rejecting the government’s bid to reopen the trial.

Kanu, facing seven counts of alleged treasonable felony and terrorism, was re-arrested in Kenya in 2021 and extradited to Nigeria, where he has pleaded not guilty to all charges.

During the last court session on September 24, 2024, Kanu formally requested Justice Nyako’s recusal, citing a lack of confidence in her handling of the case.

Justice Nyako agreed to step aside and forwarded the case to the Chief Judge of the Federal High Court for reassignment.

However, the Chief Judge returned the case to Nyako, asserting that her long involvement in the case since 2015 made her the most suitable judge to conclude it.

The Chief Judge also instructed Kanu’s legal team to file a formal motion for Nyako’s recusal if they still wished to pursue that route.

Despite this, the Federal Government’s counsel, Adegboyega Awomolo (SAN), requested a new trial date in a letter dated December 5, 2024.

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Awomolo argued that the Chief Judge’s decision reinstated Justice Nyako as the trial judge. In response, Ejimakor rejected the request, maintaining that Nyako’s recusal order from September 24, 2024, remains valid and unchanged.

Ejimakor also accused the prosecution of attempting to mislead the court, asserting that Kanu no longer has a case before Justice Nyako. “As of September 24, 2024, the defendant no longer has any case to answer before Justice Binta Nyako,” he said.

During the September 24 hearing, Kanu personally demanded Nyako’s withdrawal, citing a lack of trust in her impartiality. He directly addressed the judge, saying, “My Lord, I have no confidence in this court anymore… I am asking you to recuse yourself because you did not abide by the decision of the Supreme Court.”

In response, Awomolo urged Justice Nyako to disregard Kanu’s claims and proceed with the trial. “My Lord, you should not recuse yourself on the basis of this mere observation,” he argued.

However, Kanu waved a document in his hand, claiming it was a copy of the Supreme Court’s judgment, which he argued showed the trial court’s actions compromised the judge’s impartiality.

He insisted his objection was not personal, but due to the trial’s inconsistency with constitutional provisions.

Ultimately, Justice Nyako decided to recuse herself, stating, “I hereby recuse myself and remit the case file back to the Chief Judge.”

Kanu was first arrested on October 14, 2015, after returning to Nigeria from the UK, and was granted bail in 2017 on health grounds.

He later fled the country after a military raid on his home, moving to the UK before being re-arrested in Kenya in 2021 and returned to Nigeria.

Since his re-arrest, Kanu has been held in the custody of the Department of State Services, and his repeated applications for bail have been denied by Justice Nyako.

Crediblenewsng.com