Activist Deji Adeyanju: Why Justice Nyako Will Not Give Nnamdi Kanu Fair Trial

Adeyanju said Justice Nyako may not let justice play out owing to the fact that her husband is of the Fulani tribe. He therefore called on the judge to step down from Kanu's trial which has already commenced.

The activist said this while reacting to Nyako's rejection of Kanu's application for a custody transfer in an exclusive interview with DAILY POST.

Recall that Kanu on Thursday, October 21, pleaded not guilty to the terrorism and felony charges against him. He had thereafter, pleaded that the court grant him a custodial transfer from the DSS detention to Kuje Correctional Centre, which Nyako refused.

Giving his reasons, Adeyanju mentioned that the judge's husband is a prominent Fulani man who had represented and hosted several meetings and conferences within and outside Nigeria.

"As I said earlier, Kanu may not get justice from Justice Binta Nyako because her husband is a prominent Fulani in this country. He has severally hosted several Fulani meetings both in Nigeria and the subregion in his home in Adamawa.

"So there is bound to be that fiat because we all know that Kanu is against the Fulanis in this country; If I were to be Nyako, I would recuse myself from the trial, knowing fully that people may misconstrue that she may not be just, just like I am now of the opinion that she may not be fair and just in the trial.

"Denying him access to Kuje, knowing fully that they kidnapped him in Kenya in such a manner, points to one fact that he may not actually get justice in her court. Look at what the Supreme Court said in the trial of MKO Abiola versus the Federal Republic of Nigeria, that 'once the average citizen goes home thinking that the judge is unfair, at that point, the judge rescues him/herself from the trial.' This is totally how I feel on Justice Nyako's ruling.

"Naturally, that application should have been granted. If somebody says 'I don't feel safe in DSS custody,' why would you still keep him there?

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"Trial should be about the ability of the accused person to defend himself, and the constitution has said the court should provide him the ability, facility, and time to defend himself.

"So, if he is not mentally stable in DSS custody, how then can he defend himself. It's not as if he would escape justice, so if you remand him in Kuje; he would have the time and facility to prepare for trial, and that is the essence of trial.

"The essence of trial is not to witch-hunt or victimize the defendant but to ensure justice for the state, defendant, and victim. So, if there is no justice for the defendant; then we can't say we have been just and fair.

"This must go beyond the fact that they want to prosecute Nnamdi Kanu, because it's now looking as if they are doing everything possible to keep him.

"Remember the last adjourned date, they refused to produce him in court. Knowing them by their modus operandi, they just want to delay the trial and keep him in custody perpetually. If they take him to a Correctional facility, they would always present him for trial.

"Those suspecting a collusion between the court, DSS, and the government may be right because there is no locus whatsoever to have denied this application" Adeyanju said.