Aloy Ejimakor, the lead lawyer for Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has opposed the Nigerian government’s recent attempt to restart Kanu’s trial. This opposition comes after Justice Binta Nyako of the Abuja Federal High Court withdrew from the case on September 24, 2024.
Kanu’s legal team had requested the judge to step down due to concerns over her impartiality. Following this, Justice Nyako returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, who later sent it back to her. Despite her earlier withdrawal, the government’s legal representative, Adegboyega Awomolo, asked the court to set a trial date.
Ejimakor firmly rejected the government’s request. In his letter to the Deputy Chief Registrar of the Federal High Court, he argued that Justice Nyako’s recusal remains valid. He stated that without a proper court order overturning her decision, she should not preside over the case again.
He described the government’s request as “fatally misconceived” and warned that it could lead to unconstitutional actions. According to him, as of September 24, 2024, Kanu no longer has a pending case before Justice Nyako.
Nnamdi Kanu has been in detention since June 2021, following his controversial arrest in Kenya and subsequent transfer to Nigeria. While the Court of Appeal discharged and acquitted him in 2022, the Nigerian government has refused to release him. The Supreme Court later ordered his case to return to the Abuja Federal High Court for retrial.
Kanu’s continued detention and the legal battles surrounding his trial highlight ongoing tensions between IPOB and the Nigerian government. The recent developments add another layer of complexity to this high-profile case.