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IPOB: Nnamdi Kanu tells Justice Nyako to recuse herself from trying him on terrorism charges
Justice Binta Nyako of the Federal High Court in Abuja has recused herself from trying the embattled leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Justice Nyako remitted the case file to the Chief Judge of the Federal High Court, Justice John Tsoho for reassignment to another judge, following the lack of no confidence in her by the complainant, Nnamdi Kanu.
Kanu, who has been in detention questioned the jurisdiction of Justice Nyako to continue to try him on terrorism charges preferred against him by the Federal Government of Nigeria and urged that she recuse herself from further trying him.
The IPOB leader has been on terrorism trial since 2021 that he was detained in the facility of the Department of State Services, DSS with the case being halted on Monday following Justice Nyako recusing herself in an oral application by his defence lawyer on 24th September, 2024.
The Chief Judge however, rejected the case file brought before him by Justice Nyako, insisting that Kanu’s application for Justice Binta Nyako to recuse herself must come through formal application by way of motion on notice.
Consequently, in a letter dated December 5, 2024, addressed to the Deputy Chief Registrar, Chief Adegboyega Awomolo, SAN, the prosecution counsel, asked the court to fix a date for the commencement of the trial of the IPOB leader.
Opposing the request for a trial date, the defence counsel, Aloy Ejimakor, in a letter dated December 9, 2024, said the ruling of Justice Nyako recusing herself remains valid.
Ejimakor asked that the case be transferred to a Federal High Court in the South-East if no judge in Abuja is willing to preside over it, a request which was not granted.
At the resumed hearing on Monday, Justice Nyako said the Chief Judge had not accepted her recusal and had referred the case back to her.
She asked the defence team, led by Aloy Ejimakor to come up with a written application if they still insist on the recusal.
Earlier, the Prosecution counsel led by Chief Adegboyega Awomolo, SAN said they were ready for the commencement of trial as his witnesses were ready.
Addressing the court, a furious Kanu questioned why he was brought before Justice Nyako. He said all that the judge said was meaningless to him and that, he does not recognise the authority of the court presided by Justice Nyako in his case.
The IPOB leader said he was only in court because of the respect he has for the rule of law, adding that the judge had previously recused herself from the case.
Kanu said he was not happy with the decision of the Chief Judge who returned the case to Justice Nyako, insisting that the prosecution could not prosecute him.
The prosecution counsel, Chief Awomolo who took an objection to Kanu’s remarks, asked for a definite date for the hearing and added that it was not right for Kanu to insult the court.
Despite Kanu’s objection, Justice Nyako adjourned his case indefinitely for trial.
Despite Kanu’s insistence on Monday that Justice Nyako has no jurisdiction over his case, the judge adjourned the matter indefinitely.
