In the latest development in the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), his lawyer, Ifeanyi Ejimakor, has firmly rejected a request by the prosecution to disregard the judge’s decision for her recusal, insisting that the order remains valid and binding.
Ejimakor’s response came after the prosecution attempted to challenge the ruling by Justice Binta Nyako, who had recused herself from Kanu’s case on September 24, 2024. According to the lawyer, the recusal order, which was duly entered and enrolled by the court, remains in effect until set aside by a competent court of law.
“Our position is based on the fact that Justice Nyako entered and enrolled an order recusing herself on September 24, 2024, and to date, that order remains extant and subsisting. It has not been set aside by any competent court,” Ejimakor stated in a letter sent to the court.
The lawyer further accused the prosecution of trying to mislead the court, emphasizing that Kanu no longer had any case before Justice Nyako.
“For the avoidance of doubt, as of September 24, 2024, the defendant no longer has any case to answer before Justice Binta Nyako,” Ejimakor added.
The controversy began when Kanu himself, dissatisfied with his lawyer’s stance, took matters into his own hands during a previous court session. The IPOB leader, who had previously demanded that Justice Nyako recuse herself, shouted down his lawyer and spoke directly to the judge, claiming he no longer had confidence in the court.
Addressing Justice Nyako, Kanu said, “My Lord, I have no confidence in this court anymore and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.”
He further explained, “I can understand it if the DSS refused to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable. I am asking you to recuse yourself from this case.”
However, the prosecution counsel, Chief Mike Ozekhome, urged the judge to ignore Kanu’s claims and proceed with the hearing. “My Lord, you should not recuse yourself on the basis of this mere observation which does not have anything to do with the Supreme Court. It is an incompetent observation. We urge this court to proceed with the hearing,” Ozekhome argued.
Despite the prosecution’s objections, Kanu stood firm, holding up a document he claimed was a copy of the subsisting Supreme Court judgment. He read aloud a section that questioned the impartiality of the trial court, insisting that the court’s actions were in violation of constitutional principles.
In response, Justice Nyako firmly declared, “I hereby recuse myself and remit the case file back to the Chief Judge.”
This dramatic turn of events follows a long-running legal saga. Kanu was initially arrested on October 14, 2015, upon his return to Nigeria from the United Kingdom. He was granted bail in 2017 on health grounds but later fled the country after a military raid on his home. Kanu was re-arrested in Kenya in 2021 and brought back to Nigeria, where he has since been detained by the Department of State Services.
Despite several attempts to apply for bail, Kanu’s requests have been consistently rejected by Justice Nyako, further intensifying the tension in his ongoing trial.
The case now awaits a new court assignment following the judge’s recusal.
