Jurisdiction Dispute Stalls Kanu’s Trial Indefinitely

Ogunsakin Mustapha
2 Min Read
Nnamdi Kanu, IPOB Leader

By Hassanat Adebowale

A Federal High Court (FHC) in Abuja has indefinitely adjourned the trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB). Justice Binta Nyako issued the order following the insistence of Kanu and his lawyer, Aloy Ejimakor, that she no longer had jurisdiction to preside over the case after her previous recusal.

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Justice Nyako had recused herself from the trial on September 24, 2024, following an oral application from the defense. The case file was subsequently transferred to the Chief Judge of the FHC, Justice John Tsoho. However, Justice Tsoho sent the case file back to Justice Nyako, stating that the defense needed to make a formal application for her recusal to be accepted.

In Monday’s proceedings, the court ruled to adjourn the trial indefinitely, highlighting the ongoing jurisdictional dispute. Kanu’s legal team argued that the judge’s initial withdrawal from the case should stand, effectively removing her from presiding over the matter.

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The indefinite adjournment comes as the latest development in the high-profile trial of Nnamdi Kanu, who faces charges of terrorism and treasonable felony, among others. The case has garnered significant attention both domestically and internationally, with supporters and critics closely monitoring the legal proceedings.

A judge may recuse themselves from a case if there are concerns about potential bias or a conflict of interest. This typically requires a formal application from the defense and a corresponding decision from the court. If proper documentation isn’t provided, the Chief Judge might return the case to the original judge, as occurred here.

Jurisdictional disputes can significantly delay legal proceedings, as courts cannot proceed on matters where their authority is questioned. Until this issue is formally resolved, either by reassigning the case to a new judge or by a legal decision affirming Justice Nyako’s authority, the trial remains stalled. This reflects broader challenges within Nigeria’s legal system, where procedural technicalities can obstruct the timely administration of justice.

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