Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday, recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB).
Justice Nyako withdrew from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, upon resumed hearing in the seven-count terrorism charge filed by the Federal Government.
At the resumed hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, said the matter was for continuation of trial and he was ready to proceed.
But Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.
Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.
The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.
Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.
He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.
Justice Nyako then directed that a prosecution witness be called.
While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.
“Sit down! I say you should sit down!” Kanu screamed from the dock.
He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, 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 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,” Kanu stated.
But 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.
Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.