Aloy Ejimakor, the lead counsel for Kanu, made a statement on X on Tuesday, disclosing that his client had rejected the Federal Government’s attempt to reopen the trial. He emphasized that Kanu insisted Justice Binta Nyako should step down from the case. Ejimakor further clarified that Nyako’s decision to recuse herself remained in effect and was still valid.
Ejimakor explained that Justice Nyako had made an official order to recuse herself on September 24, 2024, and since no competent court had annulled it, that order remained in force. He also accused the prosecution of misleading the court, reaffirming that Kanu no longer had an ongoing case with Justice Nyako.
Kanu is facing charges of treasonable felony and terrorism, to which he has pleaded not guilty. His legal saga began when he was arrested on October 14, 2015, after returning to Nigeria from the United Kingdom. He was granted bail in 2017 due to health concerns after being detained at the Kuje correctional facility. However, after the military raided his home, Kanu fled the country, eventually returning to the UK. He was re-arrested in Kenya in 2021 and brought back to Nigeria, where he has been held by the Department of State Services.
At the September 24, 2024, court hearing, Kanu requested that Justice Nyako recuse herself due to a loss of confidence in her handling of the case. Justice Nyako agreed to step down and sent the case file to the Chief Judge of the Federal High Court for reassignment. However, the Chief Judge returned the case to Nyako, citing her long history with the case since 2015, and instructed Kanu to file a formal motion if he still wanted her to step aside.
Despite this, the prosecution’s lawyer, Adegboyega Awomolo (SAN), submitted a letter on December 5, 2024, requesting a new trial date and argued that the Chief Judge’s decision had reinstated Justice Nyako. During the court proceedings, Kanu interrupted his lawyer and demanded that Justice Nyako withdraw, asserting that he no longer trusted her impartiality. He also voiced his dissatisfaction with the court’s refusal to grant him bail.
Kanu directly addressed the judge, stating, “My Lord, I no longer have faith in this court and request your recusal because you failed to adhere to the Supreme Court’s decision. While I understand if the DSS disobeyed a court order, for this court to disregard a Supreme Court ruling is deeply troubling.”
Prosecutor Awomolo, however, urged the judge not to step down, calling Kanu’s objections unfounded. He insisted that Kanu’s claim of the trial court disregarding a Supreme Court order was baseless and irrelevant.
Kanu passionately waved a copy of the Supreme Court judgment, which he argued showed the trial court’s actions undermined the judge’s impartiality. He explained that his objection was not personal but based on the trial’s constitutional inconsistencies. Justice Nyako, after hearing the arguments, concluded, “I hereby recuse myself and will return the case file to the Chief Judge.”
