Justice Binta Nyako Withdraws from Nnamdi Kanu’s Trial Following Trust Concerns

Justice Binta Nyako has officially withdrawn from the trial of Nnamdi Kanu, the leader of the secessionist group Indigenous People of Biafra (Ipob). The decision follows Kanu’s declaration of his lack of confidence in her ability to preside over the case impartially, made during a court session on Tuesday.

Kanu, who faces charges of treason and terrorism by the Nigerian government due to his advocacy for the independence of the country’s eastern region, stated in court, “I no longer have confidence in you, recuse yourself.” This plea came after his legal representation, led by lawyer Aloy Ejimakor, argued that the trial should not commence as the Department of State Services (DSS) had yet to comply with a court order to provide a conducive environment for case preparation.

The lawyer representing the federal government, Adegboyega Awomolo (SAN), expressed the prosecution’s readiness to begin the trial and sought witness protection. However, Ejimakor countered, stating that ongoing interference by the DSS hindered their ability to prepare properly. He highlighted three appeals filed with the Court of Appeal, challenging both the jurisdiction of the court and the revocation of Kanu’s bail.

Justice Nyako proposed that the prosecution be allowed to call their witness, suggesting that Ejimakor and Kanu could then have a briefing in court before resuming the next day for cross-examination. Ejimakor opposed this, insisting on adequate preparations for his client.

As discussions progressed, Kanu asked to address the court, expressing his dissatisfaction with Justice Nyako’s handling of Supreme Court rulings and pending appeals: “My Lord, you consistently ignore the Supreme Court ruling that I did not jump bail. I also have three appeals before the Appeal Court on this matter,” he stated.

Prosecutor Awomolo objected to Justice Nyako’s recusal, but Justice Nyako decided to step down, stating, “I actually am happy to recuse myself from this case, and that’s what I will do. I will forward the case file to the Chief Judge of the Federal High Court for further action.” Following her withdrawal, the Chief Judge will now assign the case to another judge for a fresh commencement.

The timeline for this reassignment remains unclear, yet Kanu will continue under DSS custody. When questioned about the extended detention, Kanu remarked, “This is the fourth year I have been in solitary confinement; the fifth year won’t kill me.”

Nnamdi Kanu’s legal team, led by Ejimakor, noted that Kanu’s request for Nyako’s recusal was prompted by improperly addressed appeals, including the Supreme Court’s criticism of the bail revocation and jurisdiction issues by the high court.

Kanu has been detained by the DSS since June 2021 after being apprehended in Kenya and returned to Nigeria. During previous court proceedings, Ejimakor mentioned the possibility of pursuing alternative resolutions outside courtrooms involving discussions with southeastern leaders and government officials, although he described these efforts as beyond the legal team’s scope.