The trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu could not hold on Monday as the accused asked the trial judge, Binta Nyako to recuse herself from the matter.
At the resumed session at the Federal High Court in Abuja, counsel for the defendant, Mr Aloy Ejimakor, told the judge rescues herself, saying the request for her to quit the case came from his client, Kanu.
Recall that Kanu’s trial was earlier stalled after Nyako recused herself from the case following the IPOB leader’s oral application on September 24, 2024.
“I hereby recuse myself and remit the case file back to the chief judge,” she had said.
Kanu had directly told Nyako that he no longer had confidence in her handling of his trial.
However, the chief judge of the Federal High Court, John Tsoho, returned the file to Nyako on the grounds that Kanu’s application must be formally brought before the court through a motion on notice.
Consequently, counsel for the prosecution, Mr Adegboyega Awomolo in a letter dated December 5, 2024, and addressed to the deputy chief registrar, asked the court to fix a date for the commencement of trial.
Ejimakor opposed the request for a trial date in a letter dated December 9, 2024, saying the ruling of the judge recusing herself remained valid.
Subsequently, Ejimakor asked that the case be transferred to a federal high court in the south-east if no judge in Abuja was willing to preside over it.
At Monday’s hearing, Awomolo told the judge that the prosecution team was ready for the commencement of trial as his witnesses were ready.
However, Mr Ejimakor said his client, Kanu, had made a choice not to stand trial before Nyako.
“The defendant is still asking that your lordship recuse herself from this matter,” Ejimakor told the court.
Responding, the judge said: “The Chief Judge had not accepted the recusal and had referred the case back” to her for trial.
She asked the defence team to send a written application if they still insisted on the recusal.
While the lawyers in the suit argued whether a formal motion was required, Kanu interjected: “I want to speak.”
Asked by the judge if he wanted to take over from his lawyer, the defendant said: “Yes, I want to take over.”
He said he was only in court because of the respect he had for the court, but that Nyako no longer had the jurisdiction to preside over his case following her recusal in September.
“I don’t recognise the authority of this court to preside over my case. Everything you said here is meaningless to me.
“Why is it that when it comes to my case, everything is turned upside-down?”
He said the memo sent by the chief judge returning the case file to Nyako cannot override the enrolled order of the court made on September 24.
Told by the judge that he was at liberty to appeal the directive of the chief judge, Kanu said: “If the chief judge disagrees, he should appeal the decision.
“You cannot preside over this case, not now, not today, not ever. You stand recused and you must leave my case. I don’t need you in my case. You are biased. Tell the chief judge that Nnamdi Kanu said so.
“This is not a court of law, this is a shrine to injustice and I will not subject myself to it,” he said.
In his submission, Awomolo asked the court to fix a date for trial.
“In view of the fact that the defendant has indicated that he would not make a formal application, I apply that your lordship gives us a definite date for trial,” Awomolo prayed.
“Because of money they are paying you from the AGF’s office, a grown-up man like you is here supporting evil. The rule of law says you should go on appeal.
“The same chief justice writing this stupid memo, I have recused him before. He sat on appeal; I took him to the National Judicial Council (NJC) and recused him. Why is he insisting on this one? He wants to embarrass your lordship by asking her to sit on this case,” Kanu said.
In her ruling, Nyako said: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die (indefinitely).”
Kanu retorted: “You have no jurisdiction to adjourn anything. None whatsoever. You cannot make an order without jurisdiction. The memo from the chief judge cannot confer jurisdiction upon you.”
With Premium Times, TheCable reports
