Why I won’t continue with my trial by govt – Nnamdi Kanu

This was contained  in a letter addressed to the court in December, which his special counsel, posted on his X handle on Tuesday.

The IPOB leader’s, who has been in detention since his controversial repatriation to Nigeria from Kenya in June 2021, is being tried for alleged for alleged terrorism by the Nigerian government.

The trial has witnessed reversals, including Kanu’s demand that the trial Judge, Justice Binta Nyako to recuse herself from his trial because of alleged bias.

The judge subsequently announced her withdrawal from the matter, but the Chief Judge of the Federal High Court later still reassigned the matter to her.

Consequently, the prosecuting counsel, Adegboyega Awomolo, SAN, requested the court to fix a date to continue the Kanu’s trial in  a letter dated December 5, 2024.

“We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court,” Mr Awomolo wrote.

“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 the hearing of the criminal charges against the defendant.”

However, Kanu rejected the government’s request through Ejimakor,  insisting that Mrs Nyako’s order recusing herself from the case remains valid.

Ejimakor in a letter addressed to the court’s Deputy Chief Registrar on behalf of Mr Kanu, stated that the IPOB leader was displeased with the letter by the Nigerian government.

“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,” he wrote.

“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.”

Ejimakor contended that the government’s request was “fatally misconceived” and could mislead the court to “a path of infamy and unconstitutionality.”

“We are not against trial but that Justice Binta Nyako, having recused herself, she can no longer preside over the case.”