Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), requested Justice Binta Nyako of the Federal High Court in Abuja to recuse herself from his trial on Tuesday.
During the resumed proceedings regarding the seven-count terrorism charge brought against him by the Federal Government, Kanu spoke from the dock.
While his lawyer, Mr. Alloy Ejimakor, was attempting to convince the court to suspend the trial due to Kanu’s lack of opportunity to prepare his defense, Kanu abruptly stood up and instructed his lawyer to sit down.
Read Also: Massive Job Vacancies (Positions And How To Apply)
“Sit down! I say you should sit down!” Kanu bellowed from the dock.
Continuing, he said: “My lord, I have no confidence in this court anymore 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,” Kanu stated.
At this point, the prosecution counsel, Mr. Adegboyega Awomolo, SAN, urged the court to disregard Kanu’s request, asserting that the Supreme Court had mandated that he be tried on the existing seven-count charge.
“The Justices ordered this court to proceed with the hearing of the charge against the defendant. My lord, you should not recuse yourself on the basis of this mere observation which does not have anything to do with the Supreme Court. It is an incompetent observation. We urge this court to proceed with the hearing,” FG’s lawyer submitted.
Not done, Kanu, rose again from the dock, waving a copy of what he described as the subsisting judgement of the Supreme Court.
He read a portion where the apex court held that actions of the trial court in the matter “rendered the impartiality of the judge suspect.”
“But my lord, you know that I love you. It is just that this court is allowing the defence to railroad me into a trial that is at variance with every provision of the Constitution,” Kanu added.
Read Also: Drama As Oba Of Benin Counters Oshiomhole’s Claim On Obaseki In Presence Of Okpebholo, Akpabio, Others
After she had expressed her dissatisfaction with the development, Justice Nyako said she was not willing to continue with the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she held.
The court had previously granted the Federal Government’s request to protect the identities of witnesses set to testify in the case.
It is important to note that Kanu was initially arrested in Lagos on October 14, 2015, upon returning to Nigeria from the United Kingdom.
Justice Nyako granted him bail on health grounds on April 25, 2017, after he had spent approximately 18 months in detention. He was released from Kuje prison on April 28, 2017, after fulfilling the bail conditions.
However, during the trial, Kanu fled the country following an attack by soldiers on his residence in Afara Ukwu Ibeku, Umuahia, Abia State, which resulted in the deaths of some of his followers.
Kanu was subsequently re-arrested in Kenya on June 19, 2021, and extradited back to Nigeria by security agents on June 27, 2021.
Following this, the trial court remanded him in the custody of the Department of State Services (DSS) on June 29, 2021, where he has remained since.
On April 8, 2022, the court dismissed eight of the 15 charges brought against him by the Federal Government, stating that they were lacking in substance.
Furthermore, the Abuja Division of the Court of Appeal ordered Kanu’s immediate release from detention on October 13, 2022, while also quashing the charges against him.
Dissatisfied with this ruling, the Federal Government appealed to the Supreme Court, seeking to suspend the execution of the appellate court’s judgment pending the determination of its appeal.
On December 15, 2023, the Supreme Court vacated the appellate court’s decision and allowed the Federal Government to proceed with the trial of the IPOB leader on the remaining seven-count charge.
https://whatsapp.com/channel/0029VaihFajBadmT29ufud2Z
