By Eric Elezuo
Reprieve came the way of the leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu, Friday, when the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, finally reassigned his trrrorism allegation’s case. This has been Kanu’s prayer in recent times even as the case continue to unnecessarily prolong. The Biafran nation agitator has since sent his expression of gratitude to the CJN.
In a statement by his lawyer, Aloy Ejimakor Esq, on Saturday, Kanu also expressed his appreciation to members of the general public for their solidarity on his demand for the transfer of the casefile.
Kanu noted that he received two letters from the CJN and the Chief Judge of the Federal High Court, Justice John Tsoho conveying the transfer of the case to another judge after his earlier letter complaining about the continued trial before Justice Binta Nyako.
“Consequent upon these latest developments, Mazi Nnamdi Kanu instructed the legal team to publicly convey his sincere gratitudes to the Chief Justice of Nigeria for her sound administrative discretions and the despatch with which she responded to our request,” Ejimakor said.
Continuing, he said Kanu “also expressed his profound appreciations to members of the general public who publicly expressed their support to our righteous demands that Mazi Nnamdi Kanu’s case be reassigned to another judge, as the law demands.
“To be sure, Mazi Nnamdi Kanu has always been ready to take his trial because he is firmly convinced of his innocence.
“But the perverse events of the past six months (from September 2024, when the recusal happened) posed portent dangers to his constitutional rights, particularly his right to fair and speedy hearing.
“It was in view of this that we were propelled to resort to taking extraordinary measures to ensure that his case is properly reassigned and conducted in accordance with the law.
“So, now that the first steps have been taken by the authorities to do the lawful thing, Mazi Nnamdi Kanu and his legal team shall take stock and hanker down to the zealous preparation of his defence.”
Recall that a physically agitated Kanu had during the February 10 sitting before Justice Binta Nyako of the Federal High Court lamented that the judge refused to recuse herself from his trial, accusing her of bias, thoroughly tongue-lashing the trial judge, and accusing her of being pressured to convict him in exchange for leniency towards her husband and son, who he claims are facing corruption charges.
Further accusing the Nigerian judiciary of “Poor knowledge of the law” which he alleged “is killing Nigeria”, Kanu argued that his push for self-determination is not a crime and insisted that previous judgments invalidate his trial.
Ejimakor, leading his legal team, maintained that Justice Nyako had already recused herself from the case based on her September 24, 2024, court order and no longer has the jurisdiction to preside over it.
“The said order is extant and subsisting and was never appealed. So, to this day, it remains valid in all ramifications, such that it strains the legality of the hearing conducted before the same Judge today,” he stated.
Ejimakor also revealed that Kanu has filed a petition against Justice Nyako for judicial misconduct on January 14, 2025.
The legal team argues that Nyako’s continued oversight of the case violates the principles of natural justice, equity, and good conscience.
Kanu argued that with no trial progress in over a decade, the Federal Government should drop the charges, and either reinstate his bail or discontinue the case.
“The next best thing, which is also lawful and constitutional, is to end this whole saga honorably by releasing Mazi Nnamdi Kanu,” the legal team noted.
Kanu was renditioned to Nigeria from Kenya in 2021, and accused of jumping bail following his escape after men of the Nigeria military invaded his country home in Afaraukwu, Asia State.
With the recusal/removal of Justice Nyako, the next action by the federal government, who is prosecuting Kanu, remains unknown.
Is this the end of Kanu’s long drawn trial and incarceration, or is the federal government playing another card? Time will surely tell.