October 11, (THEWILL) – The Chief Judge of the Federal High Court, Justice John Tsoho, has directed Justice Binta Nyako to continue the terrorism and treason trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB) until a formal application for withdrawal is held.
THEWILL had reported that Justice Nyako recused herself from the case on September 24, after Kanu demanded that she hand off the case, claiming he no longer had confidence in the judge’s ability to ensure a fair hearing.
Responding to Kanu’s demand, Justice Tsoho directed the IPOB leader to file a formal application, supported with an affidavit before Justice Nyako, detailing reasons he wants his trial to be conducted before another judge. The Federal Government’s prosecution team is also directed to file a response to Kanu’s application.
Justice Tsoho further directed Justice Nyako to hear the application and give a ruling, deciding whether or not to withdraw.
The decision of the chief judge, THEWILL gathered, was to prevent a repeat of what happened in the money laundering case involving former Governor of Benue State, Gabriel Suswam.
The Court of Appeal had overruled Justice Ahmed Mohammed, who had withdrawn from the case. It held that Justice Mohammed did not withdraw properly because no proceedings were conducted for parties to address the court on whether or not the judge should withdraw.
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.
Kanu had on September 24, 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 had 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.”
“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.”
In her reaction, Justice Nyako had 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.
