Rita Odafe
Mazi Nnamdi Kanu
Aloy Ejimakor, the attorney for Mazi Nnamdi Kanu, is opposing the Nigerian government’s effort to establish a date for Kanu’s ongoing trial. Ejimakor’s objection is grounded in the fact that Justice Binta Nyako of the Federal High Court recused herself from Kanu’s case on September 24, 2024.
Kanu had earlier requested Justice Nyako to withdraw from the trial, expressing concerns about her impartiality. After this, the judge handed the case back to Chief Judge Justice John Tsoho. However, Justice Tsoho then returned the case to Justice Nyako for the trial to move forward.
Despite this situation, prosecuting attorney Adegboyega Awomolo sought to schedule a continuation of Kanu’s trial.
In his December 5, 2024 letter to the Deputy Chief Registrar of the Federal High Court, Awomolo stated:
“As prosecuting counsel in this case, we are writing concerning the ongoing criminal proceedings in Federal High Court No. 2. Your records will show that on September 24, 2024, the defendant requested that Justice Binta Nyako recuse herself. The case file was sent to the Chief Judge, who subsequently returned it to Justice Nyako for trial to continue.
“We would appreciate it if you could provide us with a date for the continuation of this hearing.
“Thank you for your cooperation.”
In response to Awomolo’s request, Ejimakor described it as “fatally misconceived,” arguing that it could mislead Justice Nyako into an unconstitutional situation.
Ejimakor’s counter-letter to the Deputy Chief Registrar stated: “This letter relates to the request from the complainant for a date to continue hearing the criminal charges against the defendant.”
“We must formally object to the complainant’s request for a continuation date for this criminal case before Justice Binta Nyako.”
“Our opposition is based on the order issued by Justice Nyako on September 24, 2024, which remains effective and has not been overturned by any higher court.”
“Thus, we believe the complainant’s request is misguided and could lead the court to an unconstitutional outcome.”
Since June 2021, Kanu has been in detention after being arrested in Kenya and illegally transferred to Nigeria. Although a Court of Appeal cleared him of all charges following his return, the Nigerian government has yet to release him. The situation has escalated to the Supreme Court, which in December 2023 directed that Kanu’s case be sent back to the Abuja Federal High Court for retrial.
