The lead counsel for Nnamdi Kanu, leader of the
Indigenous People of Biafra, IPOB, has rejected the Nigerian government’s move
to set a date for the resumption of Kanu’s trial.
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.
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