Abuja, Oct. 11, 2024 (TheGavel) — The Chief Judge of the Federal High Court (FHC), Justice John Tsoho, has reassigned the case of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), back to Justice Binta Nyako. This follows Justice Nyako’s recusal on Sept. 24 after oral applications by Kanu and his lawyer, Aloy Ejimakor.
According to a reliable source at the FHC, the case was sent back to Justice Nyako under the condition that Kanu’s request must be formally presented through a motion on notice, stating the reasons he no longer wanted to be tried by her. “It is expected that the defendant will now duly serve the Federal Government, through the Office of the Attorney-General of the Federation and Minister of Justice, a copy of the motion for the prosecution’s response,” the source said. “The parties will address the court and a decision will be taken by the judge.”
Kanu’s trial has previously been overseen by Justices Ahmed Mohammed and Justice Tsoho, before it was assigned to Justice Nyako due to Kanu’s objections to the other judges.
At the last adjourned date, the Federal Government’s lawyer, Adegboyega Awomolo (SAN), informed the court that the matter was set for the continuation of the trial. However, Ejimakor requested an adjournment, citing two pending appeals that challenge the court’s jurisdiction. Awomolo argued, “A criminal trial cannot be stalled because of a pending appeal,” and suggested that the defence file for a stay of proceedings in the appellate court.
Justice Nyako responded that no applications would be attended to until the trial concluded, emphasizing, “The parties should not delay the matter.”
Ejimakor, however, maintained that proceeding with the trial was inappropriate, given that his client had not been adequately prepared for defence. He asserted that all court orders directing that Kanu be given access to prepare for his defence had allegedly been disobeyed.
Justice Nyako then directed that a prosecution witness be called. At this point, Kanu stood up angrily from the dock, interrupting his counsel by shouting, “Sit down! I say you should sit down!” Addressing the court, Kanu insisted, “My lord, I have no confidence in this court anymore, and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.”
Kanu further stated, “I can understand it if the DSS refuse to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.”
However, Awomolo countered Kanu’s claim, arguing that the Supreme Court had ordered the continuation of the trial and that Kanu’s assertions were inaccurate. “This is clearly an incompetent and audacious observation,” Awomolo remarked.
Justice Nyako clarified that, based on her reading of the Supreme Court’s lead judgment, there was no support for Kanu’s claims. She then recused herself, stating, “I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” citing Kanu’s lack of confidence in the court as a reason for her decision.
Awomolo expressed his appreciation to the judge, while lamenting that it was a very unfortunate situation. (NAN)
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