“Tensions Rise as IPOB Lawyer Blocks Kanu Trial Date Move”
The lead counsel for Nnamdi Kanu would be IPOB’s laeder; the barrister has rejected the Nigerian government’s effort to fix a date for the continuation of the trial of Kanu.
Ejimakor based the rejection on the affidavit that Justice Binta Nyako of the Abuja Federal High Court entered on and enrolled an order withdrawing herself from Kanu’s trial on September 24, 2024.
Recall that Kanu was demanding the recusal of the judge, Nyako, from his trial because he lost confidence in her handling of the matter.
Upon filing his request, the judge returned the Kanu file to the Chief Judge of the Federal High Court, Justice John Tsoho.
However, Justice Tsoho sent it back to his colleague, Justice Binta Nyako, for trial continuation.
In spite of that, Adegboyega Awomolo, the prosecuting counsel for the Nigerian government, sought for a date to continue the trial of Nnamdi Kanu.
In a letter addressed to the Deputy Chief Registrar of the Federal High Court and dated 5 December 2024, Awomolo wrote:
“We write for the record as counsel prosecuting in respect of the criminal case cited above now pending in the Federal High Court No. 2.
“The record will show that the said defendant was aware that he asked Your Lordship, Honourable Justice Binta Nyako, to recuse herself on Tuesday, 24th September 2024. The case file was returned to the Honourable Chief Judge.
“We were briefed that the Honorable Chief Judge has returned the case file for further trial before His Lordship, the honorable Justice Binta Nyako.”
“Thankful, may we ask a date for the continued hearing of the criminal allegations against the accused person.
“Thank you for your expected cooperation.”
Even as Ejimakor rejected all of Awomolo’s requests, he described the same as “fatally misconceived” and might, if unchecked, mislead Justice Nyako onto a path of “infamy and unconstitutionality”.
In another counter-letter to the Deputy Chief Registrar, Ejimakor wrote: “This communication is concerning the letter attached hereto by a complainant requesting ‘a date for continuation of hearing of the criminal charges against the defendant’.
“Its position is based on the record that His Lordship (Hon. Justice Binta Murtala-Nyako) had entered and enrolled an order recusing herself from handling the case or continuing with the trial.
“This letter is intended to place on record that the defendant takes grave exception to the letter mentioned above and strongly opposes the prayer by the complainant for a date for further hearing in this criminal matter before His Lordship, Hon. Justice Binta Murtala-Nyako.
“The said order was entered on the 24th day of September 2024 and till date remains existing and subsisting, not having been set aside by any subsequent order made by a competent court, pursuant to a competent process on notice.
‘Furthermore, we hold that the complainant’s request is, therefore, fatally misconceived and if not checked may adviser this honourable Court into a path-of infamy and unconstitutionality.
‘To clear any doubt, by date Tuesday, 24 September 2024, the defendant no longer has any such matter standing to answer before His Lordship.
http://”Tensions Rise as IPOB Lawyer Blocks Kanu Trial Date Move”
Naijaeyes Reports.
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