Justice Binta Nyako of the Federal High Court in Abuja has recused herself from the federal government’s long-standing treason and terrorism-related case against Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB). This decision, made on Tuesday, follows a disruptive incident during the scheduled commencement of the trial.
Context of the Case
The federal government has accused Kanu of making threatening broadcasts across Nigeria, warning that anyone who disobeyed a sit-at-home order in the Southeast would face dire consequences. Additionally, Kanu is charged with inciting insurrection against the government, which the authorities claim has resulted in the closure of banks, schools, markets, shopping malls, and petrol stations in the region.
Court Proceedings
During the resumed hearing, the federal government’s lawyer, Adegboyega Awomolo SAN, sought to begin the trial. However, Kanu’s lawyer, Alloy Ejimakor, requested an adjournment, citing two pending appeals challenging the court’s jurisdiction. Awomolo countered that a criminal trial cannot be delayed due to pending appeals and suggested that the defense file for a stay of proceedings at the appellate court.
Nnamdi Kanu Says No Nigerian Court Can Try Him for Terrorism as Bail Request Rejected
Justice Nyako ruled that the trial should not be delayed and instructed that a prosecution witness be called, allowing Kanu’s lawyers to confer with and cross-examine the witness the following day. However, tensions escalated when Kanu confronted his counsel, insisting that his fundamental rights, particularly access to legal representation, were being violated.
“I will not subject myself to this court,” Kanu declared, prompting him to ask the judge to recuse herself.
Judge’s Decision
In response to Kanu’s outburst, Awomolo argued that the Supreme Court’s judgment in 2023 required the trial to proceed. He asserted that Kanu’s claims were unfounded and did not align with the Supreme Court’s verdict. However, Justice Nyako expressed surprise at Kanu’s behavior and stated that she could not continue with a trial where the defendant lacked confidence in her.
“I have already recused myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako announced, emphasizing that Kanu’s disruption made it impossible for her to proceed.
Awomolo opposed the application for the judge’s recusal, expressing disappointment over the day’s events.
Implications of the Withdrawal
Justice Nyako’s recusal means she is stepping away from the case entirely, and the matter will now be referred to the Chief Judge for further handling. This decision comes after Kanu’s earlier applications regarding his detention at the Department of State Services (DSS) facility and his request for bail were dismissed by the court.
The judge had ruled that Kanu’s current custody conditions were safe and appropriate, adding that any further applications from the defense would be viewed as an abuse of court processes. She emphasized that Kanu had previously “jumped bail,” and the Supreme Court’s judgment did not address his bail status.
As a result, the federal government’s case, which began in 2015, will start anew, with further proceedings to be determined by the Chief Judge. This development marks a significant turn in the ongoing legal battles surrounding Nnamdi Kanu and the IPOB.
