Justice Binta Nyako of the Federal High Court in Abuja has stepped down from overseeing the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).
This decision follows Kanu’s formal request for her withdrawal, citing her failure to comply with a Supreme Court order, which eroded his confidence in the court’s impartiality.
During Tuesday’s court session, Kanu openly asked Justice Nyako to recuse herself from the proceedings. In response, the judge expressed no objections and confirmed that she would forward the case to the Chief Judge for reassignment.
The tension between Kanu and the court revolves around a Supreme Court ruling that raised questions about the jurisdiction over charges stemming from Kanu’s alleged broadcasts.
Despite the Federal Government’s readiness to continue with the trial, Kanu instructed his lawyer, Alloy Ejimakor, to stay seated while he personally addressed the judge.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
Speaking further, he 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.”
He also read a part of the judgment of the Supreme Court, where alleged bias against Justice Nyako was raised.
The counsel for the Federal Government, Adegboyega Awomolo, had earlier told the court that he was ready for the commencement of trial, but that it could not hold under the present circumstance.
Awomolo, however, tried to urge Justice Nyako to proceed with the trial, but she responded that she had been minded to recuse herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
Kanu was re-arrested in Kenya in 2021 by the Federal Government and brought to the country for trial on terrorism charges.
Although he pleaded not guilty to the charges, Justice Nyako declined to admit him to bail on the ground that he jumped the earlier one in which Senator Abaribe was his surety.
Kanu has since been in the custody of the Department of State Services on the order of the Federal High Court, Abuja.
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