The trial of Nnamdi Kanu, the detained leader of the banned Indigenous People of Biafra (IPOB), has encountered a significant hurdle as Justice Binta Nyako has decided to withdraw from presiding over the case.
The prospects of a swift resolution to Kanu’s trial took an unexpected turn on Tuesday morning when Kanu, who has been held by the Department of State Services (DSS) for more than three years, requested that the second-ranking judge of the Federal High Court in Abuja recuse herself from the proceedings.
Kanu’s legal ordeal, which has been ongoing for three years, reached the Supreme Court, where he was mandated to face trial on seven out of the original fifteen charges filed against him by the Federal Government.
During Tuesday’s session, as Kanu’s attorney, Mr. Alloy Ejimakor, urged the judge to pause the trial due to Kanu’s lack of opportunity to prepare his defense, Kanu abruptly stood up from the dock, commanding his lawyer to sit down.
“Sit down! I insist that you sit down!” he exclaimed.
Turning to Justice Nyako, Kanu declared: “Your Honor, I have lost all faith in this court and request that you withdraw from this case, as you have failed to adhere to the Supreme Court’s ruling.”
He expressed that he could understand if it were the DSS defying a court order, “but for this court to disregard a Supreme Court directive is deeply disappointing.”
Kanu contended that the Federal Government lacks the authority to prosecute him on terrorism charges.
“I demand that you immediately step down from this case. The Nigerian Federal Government has no jurisdiction over these terrorism allegations against me. You are aware of the truth but choose not to acknowledge it,” he stated.
Accusing the judge of bias, Kanu insisted that he should only be tried for any alleged crime in the United Kingdom where the offense supposedly occurred.
In response, Chief Adegboyega Awomolo (SAN), representing the Federal Government, strongly rejected Kanu’s request for the judge to withdraw from the trial.
Awomolo argued that Kanu’s outburst was merely a reaction in light of the Supreme Court’s order that he be tried on the remaining seven charges against him.
The seasoned attorney urged the court to disregard Kanu’s claims and allow the trial to proceed.
However, Justice Nyako disagreed with Awomolo, expressing her inclination for another judge to take over the case, despite the Supreme Court ruling.
“I have no issues with stepping aside. In fact, I would welcome it. If a defendant can shout down his own attorney and disrupt the proceedings, what remains for the court?” she stated.
With over 700 cases on her docket, Justice Nyako noted that Kanu’s case was just one among many. “Let him be handled by a different judge. I have already issued 24 rulings on this matter,” she added.
In her ruling, the judge recused herself and instructed that the case file be sent back to the Chief Judge of the Federal High Court, Justice John Tsoho, for reassignment.
Meanwhile, Kanu has been returned to DSS custody, where he will remain until the Chief Judge assigns the case to a new judge.
Kanu was originally arrested on October 14, 2015, and faced charges that included terrorism, treasonable felony, and illegal possession of firearms. He pleaded not guilty and was granted bail in 2017, set at N100 billion with three sureties, one of whom had to be a religious leader.
However, Kanu fled the country in September 2017, following a military raid on his family home. This led to the Federal Government’s request for his bail revocation, which was granted in 2019 by Justice Nyako, who also ordered Kanu’s arrest.
Subsequently, Kanu was apprehended by a collaborative effort of security agencies and international police and forcibly returned to Nigeria to continue his trial.
In the last hearing in June, Justice Nyako denied Kanu bail again and maintained that DSS custody was the appropriate setting for the defendant, while instructing that he be provided with a clean space for consultations with his legal team, limited to five lawyers at a time.
