Kehinde Fajobi
The legal team of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has expressed concern over the reassignment of his case to Justice Binta Nyako of the Federal High Court, Abuja.
Justice Nyako had previously recused herself from the trial following a lack-of-confidence objection raised by Kanu.
In a 31-page statement issued on Thursday in Abuja, the lawyers described the reassignment as a “judicial aberration.”
The statement, signed by Aloy Ejimakor, Nnaemeka Ejiofor, Maxwell Opara, Jude Okey Ugwuanyi, Patrick Agazie, Mandela Umegborogu, and Magnus Ikenna Nwangwu, accused the Federal Government of politicising Kanu’s prosecution, which has lasted for nine years.
The legal team argued that returning the case to a judge who had recused herself by court order is a judicial error.
“On 5th December 2024, the senior lawyer prosecuting the case on behalf of the Federal Government wrote a letter suggesting that the case be calendared for trial before the same judge that was recused by an extant court order,” the statement read.
“We are also hearing that the Chief Judge, whose duty includes assigning cases, has sent back the case to the same judge that was recused.
“To this, we must go on record to state that both actions of the prosecutor and the Chief Judge are wrong and liable to fail constitutional muster,” the lawyers added.
Kanu’s team further claimed that his trial has shifted from a legal to a political issue, accusing the Federal Government of delaying the reassignment of the case for five months.
They emphasised their commitment to ensuring that the trial aligns with constitutional provisions.
The statement continued, “There is a trove of evidence that suggests the only way to correctly describe what Mazi Nnamdi Kanu has passed through for almost a decade is to say that his case, even though bereft of any merit, has turned from a trial by the Constitution to a trial by ordeal. This is perverse and it will not stand.”
The lawyers highlighted calls from domestic and international organisations, as well as members of the Senate, clergy, and civil society, urging the Federal Government to resolve the matter politically rather than judicially.
Kanu, detained since his controversial extradition to Nigeria in 2021, has consistently denied charges of treasonable felony, terrorism, and related offences.