Aloy Ejimakor, lead counsel for Nnamdi Kanu, IPOB leader, has turned down the Federal Government’s request to set a new trial date for Kanu.
This development was shared by Ejimakor in a tweet, where he also mentioned that despite being detained, Kanu’s spirit remains unbroken, with him being allowed three visits per week.
Persecondnews recalls that the Federal Government is prosecuting Kanu on a seven-count charge bordering on alleged treasonable felony and terrorism.
Kanu, who maintained his innocence, was rearrested in Kenya in 2021 and subsequently extradited to Nigeria to face trial.
During the most recent court hearing, which took place on September 24, 2024, Kanu requested that Justice Binta Nyako recuse herself from presiding over the case, citing a loss of confidence in the court.
Justice Nyako recused herself from the case and forwarded the file to the Chief Judge for reassignment.
However, in a surprising turn of events, the Chief Judge reassigned the case back to Justice Nyako, citing that two previous judges had also recused themselves from the long-standing case, which originated in 2015.
Chief Judge John Tsoho argued that Justice Binta Nyako is the most suitable to conclude Nnamdi Kanu’s trial, having handled the case for most of its duration since 2015.
Tsoho directed that if Kanu continues to seek Justice Nyako’s recusal, he must submit a formal motion on notice, accompanied by an affidavit, to formally express his concerns.
Counsel for the Federal Government, Mr. Adegboyega Awomolo (SAN), in a letter dated December 5, 2024 and addressed to the Deputy Chief Registrar of the Federal High Court, requested that a trial date be fixed for the continuation of the case.
The letter reads: “We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court.
“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 Honourable 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.”
Ejimakor promptly dismissed the Federal Government’s request, reiterating that Justice Nyako’s previous order to step down from the case remains in effect.
In a correspondence to the Deputy Chief Registrar, Ejimakor stated: “This communication pertains to the attached letter by the complainant requesting ‘a date for continuation of hearing of the criminal charges against the defendant.’
“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.
“Our position is predicated on the fact that His Lordship, Hon. Justice Binta Murtala-Nyako, had entered and enrolled an order recusing herself from handling the case.
“The said order, entered on 24th September 2024, remains extant and subsisting, as it has not been set aside by any competent court order.
“For the avoidance of doubt, as of 24th September 2024, the defendant no longer has any such case to answer before Hon. Justice Binta Murtala-Nyako.”
He warned that proceeding with the Federal Government’s request would be a misguided step, potentially deceiving the court into taking unconstitutional actions, and he strongly criticized the move as “fatally misconceived.”
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