Abuja, Sept. 24, 2024 (TheGavel) – Justice Binta Nyako of the Federal High Court in Abuja has recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB). The decision was made on Tuesday following oral applications from Kanu and his lawyer, Aloy Ejimakor, during a resumed hearing of the seven-count terrorism charge filed by the Federal Government.
At the hearing, Adegboyega Awomolo, SAN, representing the Federal Government, indicated readiness to proceed with the trial, stating that it was a continuation of proceedings. However, Kanu’s lawyer requested an adjournment due to two pending appeals challenging the court’s jurisdiction over the case.
Awomolo argued that a criminal trial should not be delayed because of pending appeals, suggesting that the defense should seek a stay of proceedings at the appellate court. Justice Nyako noted that the parties should not prolong the matter and indicated that the court would not entertain any applications until the trial concluded.
Ejimakor insisted that continuing the trial would be inappropriate since he had not had adequate time to prepare Kanu’s defense, citing that prior court orders allowing Kanu to prepare had allegedly been ignored. Justice Nyako then instructed that a prosecution witness be called to testify.
Tensions escalated when Kanu stood up in the dock, demanding that Ejimakor sit down. “Sit down! I say you should sit down!” Kanu shouted, expressing frustration over the proceedings. He stated that the Supreme Court had ruled that his fundamental rights should not be violated, particularly concerning access to his legal representation.
Turning to Justice Nyako, Kanu said, “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. 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. I am asking you to recuse yourself from this case.”
In response, Awomolo countered Kanu’s claims regarding the Supreme Court’s judgment delivered in 2023, arguing that it mandated the lower court to proceed with Kanu’s trial. He characterized Kanu’s remarks as “incompetent and audacious.”
Justice Nyako responded by stating that, in her view, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertions. Expressing surprise at Kanu’s outburst towards his counsel, she declared, “I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action.” She emphasized that she could not proceed with a trial where a defendant lacked confidence in the court.
Awomolo expressed his appreciation to Justice Nyako for her service but lamented the unfortunate circumstances surrounding the trial. (NAN)
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