Aloy Ejimakor, lead counsel for the leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, has rejected a request by the Federal Government to fix a date for the resumption of Kanus’s trial
Ejimakor disclosed the development on his X account on Tuesday, noting that his client vigorously objects to the request by the complainant for a date for the continuation of the hearing of the charges brought before him.
The Federal Government is prosecuting Kanu on a seven-count charge bordering on alleged treasonable felony and terrorism.
Mazi Namndi Kanu, who pleaded not guilty to the charges, was re-arrested in Kenya in 2021 and extradited to Nigeria.
The IPOB leader at the last court sitting on September 24, 2024, requested that Justice Binta Nyako recuse herself from presiding over the case, citing a loss of confidence in the court.
Justice Nyako subsequently stepped down from the matter and referred the case file to the Chief Judge of the Federal High Court for reassignment.
However, the Chief Judge returned the case to Justice Nyako, stating that two other judges had previously recused themselves from the case, which dates back to 2015.
He argued that Justice Nyako, having handled the matter for most of its duration, was best suited to see it through to conclusion.
The Chief Judge also directed that Kanu must file a formal motion on notice, supported by an affidavit, if he insists on seeking Justice Nyako’s recusal.
In a letter dated December 5, 2024 and addressed to the Deputy Chief Registrar of the Federal High Court, the Federal Government’s counsel, Adegboyega Awomolo, requested that a trial date be fixed for the continuation of the case.
“We write as prosecuting counsel in the above-named criminal case pending before the Federal High Court.” The letter stated
“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.”
Responding to this, Ejimakor rejected the Federal Government’s request, insisting that Justice Nyako’s order recusing herself from the case remains valid.
Adressing the Deputy Chief Registrar request, Ejimakor in a letter 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.”
Ejimakor further added that proceeding with the Federal Government’s request could mislead the court into unconstitutional actions, describing the move as “fatally misconceived.”
