September 24, (THEWILL) – Justice Binta Nyako of the Federal High Court in Abuja has recused herself from the terrorism trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra.
“I hereby recuse myself and remit the case file back to the Chief Judge”, said Justice Nyako.
THEWILL reports that Kanu is facing a seven-count amended charge of treason and terrorism preferred against him by the Federal Government, following an order of the Supreme Court, which on December 15, 2023, vacated the judgement of the Court of Appeal, Abuja.
The appellate court had on October 13, 2022, quashed the terrorism and treason charges against Kanu and ordered his immediate release from detention.
However, at the resumed proceeding in the seven-count terrorism charge on Tuesday, Kanu declared his lack of confidence in the court presided over by Justice Nyako.
Interjecting his lawyer, Alloy Ejimakor, while trying to persuade the court to suspend the trial on the basis that his client was denied the opportunity to prepare his defence, Kanu sprang up from his seat and ordered him to sit down.
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.”
Waving a copy of what he described as the subsisting judgement of the Supreme Court, Kanu 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”, he added.
However, prosecution counsel, Adegboyega Awomolo, SAN, urged the court to ignore Kanu’s position.
“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”, said Awomolo.
In her reaction, 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.
