Justice Binta Nyako of the Federal High Court in Abuja announced her intention to “rescue” herself from Nnamdi Kanu’s case.
This statement came after Kanu requested her recusal, citing her refusal to comply with a Supreme Court order and expressing his loss of confidence in the court.
During the resumption of his trial on Tuesday, Kanu made his remarks openly in court.
In response, Justice Nyako indicated that she would be willing to recuse herself and had no objections to his request.
She stated that she would forward the case file back to the chief judge for reassignment and further action.
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At this point, Kanu insisted that his lawyer, Alloy Ejimakor, sit down while he stood up from the dock to address Justice Nyako directly.
He referenced the Supreme Court’s ruling, which questioned the jurisdiction regarding the alleged broadcast that the federal court is charging him for.
“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.”
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Kanu also referenced a section of the Supreme Court’s judgment that highlighted allegations of bias against Justice Nyako.
Earlier, the Federal Government’s counsel, Adegboyega Awomolo, stated that he was prepared to begin the trial, but noted that it could not proceed under the current circumstances.
Awomolo attempted to persuade Justice Nyako to continue with the trial, but she reiterated that she was inclined 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 extradited to Nigeria to face trial on terrorism charges.
Despite pleading not guilty, Justice Nyako denied him bail, citing that he had previously skipped a bail arrangement for which Senator Abaribe was the surety.
Since then, Kanu has remained in the custody of the Department of State Services as ordered by the Federal High Court in Abuja.
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