Retained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Tuesday requested that Justice Binta Nyako of the Federal High Court in Abuja recuse herself from his ongoing trial.
Kanu made this statement during the resumed proceedings concerning the seven-count terrorism charge filed against him by the federal government. As his lawyer, Mr. Alloy Ejimakor, attempted to argue for a suspension of the trial due to Kanu’s claimed lack of preparation time for his defense, Kanu interrupted, demanding his lawyer sit down.
“Sit down! I say you should sit down!” Kanu exclaimed from the dock, expressing his discontent. He continued, “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.”
Kanu criticized the court’s failure to follow a Supreme Court ruling, stating, “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.”
In response, prosecution counsel Mr. Adegboyega Awomolo, SAN, urged the court to disregard Kanu’s request, asserting that the Supreme Court had instructed that Kanu be tried on the existing seven-count charge. “The Justices ordered this court to proceed with the hearing of the charge against the defendant. You should not recuse yourself based on this mere observation,” Awomolo contended.
Kanu then rose again, waving a copy of what he termed the subsisting judgment of the Supreme Court, highlighting a portion that suggested the trial court’s actions had “rendered the impartiality of the judge suspect.”
He remarked, “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.”
Expressing dissatisfaction with the proceedings, Justice Nyako announced her decision to withdraw from the case, stating, “I hereby recuse myself and remit the case file back to the Chief Judge.”
The court had previously approved 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. He was granted bail on health grounds by Justice Nyako on April 25, 2017, after spending approximately 18 months in detention. Following the completion of his bail conditions, he was released from Kuje prison on April 28, 2017. However, he later fled the country amid a military operation that resulted in the deaths of some of his followers at his home in Umuahia, Abia State.