Justice Binta Nyako of the Federal High Court in Abuja recused herself from the trial of Nnamdi Kanu, the detained leader of the banned Indigenous People of Biafra (IPOB), on Tuesday.
Her withdrawal followed requests made orally by Kanu and his attorney, Aloy Ejimakor, during the resumed hearing of the seven-count terrorism charges brought by the Federal Government.
At the hearing, the Federal Government’s representative, Adegboyega Awomolo, SAN, indicated that the session was intended for the continuation of the trial and expressed readiness to proceed.
In contrast, Kanu’s lawyer, Alloy Ejimakor, requested an adjournment of the trial, citing two pending appeals that questioned the court’s jurisdiction.
Awomolo countered that a criminal trial should not be delayed due to an ongoing appeal and suggested that the defence should seek a stay of proceedings from the appellate court.
The judge emphasized that the parties should not prolong the proceedings, having previously ruled that no applications would be entertained until the trial concluded.
Ejimakor maintained that it was inappropriate to continue the trial without adequate preparation for his client, claiming that previous court orders allowing his client sufficient time to prepare for his defence had not been followed.
In response, Justice Nyako instructed that a prosecution witness be called to testify.
During Ejimakor’s address to the court, Kanu unexpectedly stood up from his position in the dock and angrily instructed his lawyer to sit down.
“Sit down! I say you should sit down,” Kanu screamed from the dock.
He insisted that the Supreme Court had ruled that the detaining authority should not violate his fundamental rights, especially regarding access to his lawyers.
Turning to Justice Nyako, the IPOB leader said: “My lord, I have no confidence in this court any more 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 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.”
However, Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023.
He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.
He stated that Kanu’s claims did not align with the Supreme Court’s verdict.
“This is clearly an incompetent and audacious observation,” Awomolo said.
The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.
She expressed surprise that Kanu would stand up and yell at his counsel.
“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.
The judge said she could not proceed with a trial where a defendant lacked confidence in the court.
