On Monday, Justice Binta Nyako of the Federal High Court in Abuja adjourned the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), indefinitely.

Inibehe Effiong, a public interest and human rights lawyer, told FIJ that an indefinite adjournment does not mean the court would no longer sit on the matter. On the contrary, it means the matter stands adjourned pending fresh directives from the court, which would be communicated to all the concerned parties.

The indefinite adjournment means that Kanu will still be in detention until that decision is made.

Kanu, who has been in detention since 2021, is on trial for terrorism charges filed against him by the Federal Government.

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The judge postponed Kanu’s hearing because of his objection to her presiding over his case. FIJ understands that Justice Nyako had entered a recusal order in September 2024 because the IPOB leader had requested she step down on the grounds that he had lost confidence in the court.

To recuse is to withdraw or step down from a legal case due to a potential conflict of interest or lack of impartiality.

In Kanu’s case, after Justice Nyako recused herself in 2024, she returned his case file to John Tsoho, the Chief Judge of the Federal High Court. However, Tsoho did not accept the recusal and referred the case back to her for trial.

When Kanu arrived at the court on Monday morning, in continuation of his trial, Aloy Ejimakor, his lawyer, told Justice Nyako that his client insisted that he wanted the judge to recuse herself from the matter.

‘INDEFINITE ADJOURNMENT DOES NOT MEAN FOREVER’, SAYS LAWYER

While speaking with FIJ, Effiong said adjourning a trial indefinitely simply means that the proceedings would not continue until further directives came from the judge.

“Usually, legal matters are adjourned with definite or specific dates. That is how cases are ordinarily adjourned, but when the case is adjourned indefinitely, it means that the case is adjourned pending further directive, development or when the judge deems it fit to give a time for the matter to be recalled,” he said.

According to the lawyer, indefinite adjournment does not mean forever but a waiting period before further directives.

“So one would expect that the judge will examine what led to the order adjourning the matter indefinitely, take a decision and communicate it to the parties. That is what it simply means,” Effiong explained.

“The date of that communication is unknown. Pending a fresh communication from the court, the matter stands adjourned. That’s the technical meaning of indefinitely. It does not imply that the court will never sit on that matter again. The court will still convene or sit over that matter whenever the judge deems it fit.”

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In response to the kind of situations that could warrant an indefinite adjournment, the lawyer said, “You cannot speak generally. You have to speak in the context of what transpired in the matter, which is Nnamdi Kanu has said he does not want Justice Nyako to handle the matter because she had earlier recused.

“That was what stalled the proceedings, so the judge will have to decide whether she wants to continue to sit over that matter or not.”
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