Justice James Omotosho Appointed to Nnamdi Kanu’s Trial Amid Controversial Judicial History
Justice James Kolawole Omotosho has been appointed to preside over the ongoing trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), following a recent reassignment from Justice Binta Nyako. Born on July 21, 1966, in Ajegunle, Lagos State, Justice Omotosho hails from Ijemo-Abeokuta in Ogun State. He earned his Bachelor of Law (LLB) from Olabisi Onabanjo University between 1990 and 1996 and was called to the bar in 1997 after attending the Nigeria Law School in Lagos.
Justice Omotosho’s judicial career has been marked by several high-profile and contentious rulings:
– Rivers State Governance Crisis: He annulled the 2024 Appropriation Bill presented by Governor Siminalayi Fubara before a four-member legislature, declaring the governor’s actions a violation of a court order to maintain the status quo.
– Financial Crime Cases: He presided over the trial of former Acting Accountant General Anamekwe Nnabuoku for an alleged ₦1.96 billion fraud and the ₦80 billion money laundering case involving Ali Bello and Dauda Suleiman.
– Political Party Disputes: He directed the Independent National Electoral Commission (INEC) to recognize Sylvester Ezeokenwa as the National Chairman of the All Progressives Grand Alliance (APGA), a decision criticized by Chief Edozie Njoku as conflicting with Supreme Court judgments.
– Edo State Political Turmoil: He reinstated Philip Shaibu as the Deputy Governor of Edo State, voiding Shaibu’s impeachment due to the State House of Assembly’s failure to comply with due process, and awarded costs of ₦400,000 against the Edo State Government and the State Assembly.
These rulings have sparked debates, with critics accusing Justice Omotosho of bias and jurisdictional overreach. For instance, in the Rivers State crisis, some argued that he exceeded Federal High Court jurisdiction by interfering in state matters. Groups like the Benue Coalition for Democracy have called for the National Judicial Council (NJC) to investigate him for alleged impunity, including delays in releasing certified true copies of judgments. Additionally, the Nigerians in the United Kingdom Monitoring Council (NUK-MC) has urged the NJC to examine allegations of partisanship and misconduct related to his cases in Rivers State.
Nnamdi Kanu’s trial has been a focal point in Nigeria’s legal and political landscape. Arrested in 2021 under controversial circumstances described as extraordinary rendition, Kanu faces charges related to terrorism and treason. His detention conditions have drawn international attention, with concerns over his health and legal rights. In February 2025, his brother, Kingsley Kanu, criticized the UK government for its lack of intervention, stating that Nnamdi had been held in poor conditions without adequate medical care.
The Biafra agitation, led by Kanu and IPOB, seeks the creation of an independent state in southeastern Nigeria. This movement traces its roots to the 1967-1970 Nigerian Civil War, where the short-lived Republic of Biafra attempted secession, resulting in an estimated 1 million deaths, many from starvation. The legacy of this conflict continues to influence Nigeria’s socio-political dynamics, with recent incidents highlighting ongoing tensions. For example, in November 2024, Finnish authorities arrested individuals linked to violence in southeastern Nigeria, including a dual Finnish-Nigerian citizen associated with the Biafran separatist movement
Reactions to Justice Omotosho’s appointment are mixed. Supporters argue that his experience with complex cases positions him well to handle Kanu’s trial impartially. Critics, however, express concerns over his controversial rulings and potential biases, urging vigilance to ensure a fair judicial process.
As the trial proceeds, the Nigerian judiciary faces the challenge of balancing legal integrity with the nation’s complex political and historical context.
