The trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has taken another turn as the presiding judge, Justice Binta Nyako has withdrawn from further hearing of the case on.
Nnamdi Kanu who has been in the custody of the Department of State Services ( DSS) for over three years asked the Judge to recuse herself from his trial, further elongating the trial timeline.
Kanu’s trial has reached the Supreme Court in the last three years where he was ordered to stand trial on seven out of the initial 15-count charge brought against him by the Federal Government.
It is reported that at Tuesday’s proceedings, while Kanu’s lawyer, Mr. Alloy Ejimakor, was appealing to the judge to suspend the trial on the grounds that Kanu was denied the opportunity to prepare his defence, the IPOB leader suddenly sprang up from where he was seated inside the dock and ordered his lawyer to sit down.
Facing Justice Nyako, Kanu then 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.”
Kanu complained that he no longer had faith in the court as they refused to obey the order of the Supreme court, and he was disappointed that the court was behaving like the DSS in refusing to obey court order.
He maintained that the Federal Government has no jurisdiction to try him on terrorism allegations. He said:
“I demand that you immediately recuse yourself from this matter. The Federal Government of Nigeria has no jurisdiction to prefer terrorism charges against me. You know the truth but you don’t want to say it,”
While accusing the judge of being biased against him, the defendant submitted that he can only be charged with any criminal offence in the United Kingdom where the alleged offence was committed.
Responding, the prosecuting lawyer representing the Federal Government, Chief Adegboyega Awomolo (SAN), vehemently objected to Kanu’s demand that the Judge should recuse herself from the trial. He said Kanu’s outburst in the court was an observation that he should be prosecuted for the remaining seven count charges against him.
He also said Kanu’s submissions to be discounted and the case proceeded with.
However, Justice Nyako disagreed with Awomolo, stating that she would prefer another judge to handle the trial, notwithstanding the judgment of the Supreme Court.
“I don’t have problems recusing myself. In fact, I will be happy to do so. If a defendant can shout his own lawyer down, held up proceedings in this way, what is then left for the court?
“I have more than 700 cases in my docket to attend to. Kanu’s own is just one of them. Let him go to another judge. I have delivered 24 rulings in this matter alone,” the judge said.
In her ruling, the judge subsequently recused herself and ordered that the case file be returned to the Chief Judge of the Federal High Court, Justice John Tsoho, for re-assignment to another judge.
Meanwhile, Kanu has been taken to the DSS custody for continuation of his detention till the Chief Judge would reassign the case to another judge.
He was first arrested on October 14, 2015 and was arraigned alongside four others on an 11-count charge bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.
He pleaded not guilty to the charge and was in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court in addition held that one of the sureties must be a religious leader.
However, a few months after he was admitted to bail on health grounds, Kanu fled the country in September 2017 after the military invaded his family’s home in Afara-Ukwu, near Umuahia, Abia State.
The situation led the Federal Government to apply for the revocation of his bail, which was granted in 2019 by Justice Binta Nyako of the Federal High Court, Abuja. And the court ordered for the arrest of the IPOB leader, wherever he may be found.
Based on the court’s order, a combined security agents in collaboration with international police, arrested Kanu and forcefully brought him back to Nigeria to continue his trial.
At the last proceedings in June, Justice Nyako declined to admit Kanu to bail, as well as refused to order his remand at a correctional centre, maintaining that the DSS’ custody is the proper place for the defendant.
However, the judge ordered the DSS to provide the applicant with a clean room where he can meet with his lawyers, who must not be more than five at a time.
