Nnamdi Kanu insists judge must be changed, rejects resumption of trial

Our reporter/ Biafra separatist leader Nnamdi Kanu has opposed the federal government’s request for the resumption of his trial.

​​Binta Nyako, a federal high court judge, had last year recused herself from Kanu’s case after an oral application by the defendant.

“I hereby recuse myself and remit the case file back to the chief judge,” Nyako had said.

Kanu directly told Nyako that he no longer had confidence in her handling of his trial.

However, John Tsoho, chief judge of the federal high court, reverted the file to Nyako on the ground that Kanu’s application must be brought formally before the court through a motion on notice.

Consequently, in a letter dated December 5 and addressed to the deputy chief registrar, Adegboyega Awomolo, prosecution counsel, asked the court to fix a date for the commencement of trial.

Opposing the request for a trial date, Aloy Ejimakor, counsel to Kanu, in a letter dated December 9, said the ruling of the judge recusing herself from the case subsists.

“By this communication, we wish to go on the 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 for a date for continuation of hearing of this criminal case before His Lordship, Hon. justice Binta Murtala-Nyako,” the letter reads.

“Our position is predicated on the fact-of-record that his lordship (Hon. justice Binta Murtala-Nyako) had entered and enrolled an order recusing his lordship from handling the case or continuing with the trial.

“The said order was entered on 24th September 2024 and, to date, the order is extant and subsisting, as it has not been set aside by a subsequent order made by a competent court, pursuant to a competent process on notice.

“Accordingly, we believe that the complainant’s request is fatally misconceived and if not checked, it may mislead this honourable court to a path of infamy and unconstitutionality.

“For avoidance of doubt, as from 24th September 2024, the defendant no longer has any such case to answer before his lordship, honourable justice Binta Murtala-Nyako.”