Justice Omotosho’s perspective on the Biafra agitation and its significance
In a significant development in Nigeria’s legal landscape, Justice James Kolawole Omotosho has been appointed to preside over the trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB). This reassignment follows Justice Binta Nyako’s recusal from the case in September 2024, after Kanu expressed a lack of confidence in her impartiality.
Justice Omotosho’s Background and Notable Rulings
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. His judicial career has been marked by involvement in several high-profile and sometimes controversial cases:
– Rivers State Governance Crisis: Justice Omotosho voided the 2024 Appropriation Bill presentation by Governor Siminalayi Fubara before a four-member legislature, declaring the governor’s actions in 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 N1.96 billion fraud and the N80 billion money laundering case involving Ali Bello and Dauda Suleiman.
– Political Party Disputes: In a contentious decision, he directed the Independent National Electoral Commission (INEC) to recognize Sylvester Ezeokenwa as the National Chairman of the All Progressives Grand Alliance (APGA), a move criticized by Chief Edozie Njoku as conflicting with Supreme Court judgments.
– Reinstatement of Edo State Deputy Governor: Justice Omotosho voided the impeachment of Philip Shaibu as the Deputy Governor of Edo State, citing the State House of Assembly’s failure to comply with due process, and awarded costs against the Edo State Government and the State Assembly.
These rulings have occasionally sparked controversy, with critics accusing him of bias and jurisdictional overreach. For instance, in the Rivers State crisis, some argued that he and other judges exceeded Federal High Court jurisdiction by interfering in state matters. Additionally, groups like the Benue Coalition for Democracy have called for the National Judicial Council (NJC) to investigate him for alleged impunity, such as delaying the release of certified true copies of judgments. Despite these criticisms, he remains an active figure in Nigeria’s judiciary, handling complex legal disputes as of March 12, 2025.
Current Status of Nnamdi Kanu’s Trial
Nnamdi Kanu has been in the custody of the Department of State Services (DSS) since his re-arrest in Kenya and extradition to Nigeria in 2021. He faces charges of treasonable felony related to his activities as the leader of IPOB. In September 2024, Justice Nyako recused herself from the case following Kanu’s expression of no confidence in her impartiality. Subsequently, Kanu’s legal team opposed attempts by the federal government to resume the trial under Justice Nyako, insisting on the appointment of a different judge. They also suggested transferring the trial to a Federal High Court in the South-East, where the alleged offenses were said to have occurred.
READ MORE HERE: Justice or judicial manipulation? The Controversial Appointment of Justice Omotosho in Nnamdi Kanu’s Trial
Reactions from Relevant Parties
The reassignment of Justice Omotosho to Kanu’s case has elicited mixed reactions:
– IPOB and Kanu’s Legal Team: While they have not publicly commented on Justice Omotosho’s appointment, their previous insistence on a change of judge suggests a cautious optimism. They have consistently advocated for a fair trial and may view the new appointment as a step in that direction.
– Federal Government: The government has maintained its stance on prosecuting Kanu, emphasizing the need to uphold the rule of law and address issues related to national security.
– Public Opinion: The Nigerian public remains divided. Some view the appointment as a positive move towards ensuring justice, while others are skeptical, given Justice Omotosho’s controversial judicial history.
Context on the Biafra Agitation and Its Significance
The Biafran separatist movement dates back to the 1960s, when the short-lived Republic of Biafra fought and lost a civil war from 1967 to 1970 to become independent from Nigeria. An estimated 1 million people died in the conflict, many from starvation. The secessionist campaign in southeastern.. continues to fuel conflict in the region.
READ MORE HERE: Justice James Omotosho Appointed to Nnamdi Kanu’s Trial Amid Controversial Judicial History
The Igbo language, spoken by approximately 40 million people in southeastern Nigeria, has been considered threatened due to a lack of research, teaching, and the proliferation of dialects. However, a rumor about its possible extinction has sparked renewed interest in preserving the language, leading to the creation of festivals, online classes, and new educational programs. The government has also approved a policy to teach in native languages in primary schools, though this measure has generated controversy.
As Justice Omotosho takes over the proceedings, all eyes will be on the Federal High Court in Abuja to see how the trial unfolds under his jurisdiction.
