Justice Binta Nyako of the Federal High Court, Abuja on Tuesday recused herself from the trial of the leader of the proscribed Indigenous peoples of Biafra, IPOB, Mr. Nnamdi Kanu in the charges of terrorism brought against him by the Federal Government. Justice Nyako said this after Mr. Kanu asked her to recuse herself from
Justice Binta Nyako of the Federal High Court, Abuja on Tuesday recused herself from the trial of the leader of the proscribed Indigenous peoples of Biafra, IPOB, Mr. Nnamdi Kanu in the charges of terrorism brought against him by the Federal Government.
Justice Nyako said this after Mr. Kanu asked her to recuse herself from his case since, she had refused to obey the Supreme Court’s order, pointing out that he had lost confidence in the court.
At the resumed hearing, the federal government’s lawyer, Adegboyega Awomolo SAN, requested that the trial commence. Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.
Chief Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defense should file for a stay of proceedings at the appellate court.
The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.
Ejimakor insisted, however, that it was inappropriate to continue with the trial when he had not adequately prepared his client. He asserted that all court orders directing the detaining authority to allow him to prepare Kanu had been disobeyed.
The judge then directed that a prosecution witness be called, allowing Kanu’s lawyers to confer with him and cross-examine the witness the following day.
Kanu then stood up and confronted his counsel, instructing him to sit down.
He insisted that the Supreme Court ruled his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.
“I will not subject myself to this court,” Kanu stated, asking the judge to recuse herself from the matter.
He continued: “I can understand it if the DSS refuses to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable. I am asking you to recuse yourself from this case.”
Kanu who spoke authoritatively read a part of the judgment of the Supreme Court, where alleged bias against Justice Nyako was raised.
The counsel for the Federal Government, Chief Adegboyega Awomolo, Senior Advocate of Nigeria (SAN) had earlier told the court that he was ready for the commencement of trial, but that it could not hold under the present circumstance.
Chief Awomolo tried to urge Justice Nyako to proceed with the trial, but the judge responded that she was recusing herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
The Judge said she would be sending the case file back to the Chief Judge, Justice John Tsoho for reassignment and further necessary actions.
Shortly after, operatives of the Department of State Services (DSS) left the court for their office.
Mr. Kanu was re-arrested in Kenya in 2021 by the Federal Government and brought to the country for trial on terrorism charges.
