At the resumed hearing of the case against Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), Justice Binta Nyako of the Federal High Court in Abuja announced her decision to recuse herself from the trial on Tuesday.
This decision comes as the federal government continues its prosecution of Kanu on charges related to treason and terrorism, which have been ongoing since 2015.
Justice Nyako’s withdrawal was prompted by a request made by Kanu during the court proceedings. The federal government has accused Kanu of inciting violence by broadcasting threats that anyone who disregarded a sit-at-home order in the southeast would face consequences, leading to widespread closures of banks, schools, and businesses in the region.
In legal terms, to “recuse” means a judge steps aside from a case due to a potential conflict of interest or other valid reasons.
Kanu expressed a lack of confidence in Justice Nyako, arguing that she had not adhered to orders from the Supreme Court.
He stated, “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.”
Justice Nyako responded affirmatively to Kanu’s request, stating, “I hereby recuse myself and remit the case file back to the Chief Judge.”
She indicated that Kanu’s case would be reassigned, emphasizing the need for a trial in which all parties have confidence.
Tensions escalated during the proceedings when Kanu instructed his lawyer, Alloy Ejimakor, to sit down while attempting to persuade the court to suspend the trial due to inadequate preparation time.
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Kanu insisted on his right to counsel, stating, “I will not subject myself to this court,” and reinforced his call for the judge to step aside.
In contrast, the prosecution counsel, Adegboyega Awomolo, SAN, urged Justice Nyako to continue with the trial.
He argued that ongoing appeals should not hinder the proceedings, asserting, “A criminal trial cannot be stalled because of a pending appeal.” However, Nyako maintained her position to recuse herself, noting the disruptions caused by Kanu during the hearing.
Awomolo contended that Nnamdi Kanu’s claims did not align with a Supreme Court ruling from 2023, which mandated that the trial should proceed.
He described Kanu’s request as “an incompetent and audacious observation” and expressed his dismay over the day’s developments.
As the hearing progressed, Justice Nyako highlighted her surprise at Kanu’s outburst towards his counsel and reiterated her decision to recuse herself, stating, “I have already recused myself from this case and remit the file to the Chief Judge for further necessary action.”
Following her announcement, Awomolo expressed his appreciation to the judge while lamenting the unfortunate turn of events.
The recusal means that Justice Nyako will no longer oversee Kanu’s case, paving the way for it to be reassigned to another judge.
This incident marks a significant moment in Kanu’s long-standing legal battles and reflects ongoing tensions surrounding his prosecution and the broader issues of legal representation and judicial integrity in Nigeria.
