By ADEMMOLA TIJANI
Nnamdi Kanu, detained leader of the Indigenous People of Biafra (IPOB), requested on Tuesday that Justice Binta Nyako of the Federal High Court in Abuja step aside from his trial.
Kanu made this appeal from the dock during the resumption of proceedings concerning the seven-count terrorism charges brought against him by the Federal Government.
As his lawyer, Mr. Alloy Ejimakor, was attempting to convince the court to suspend the trial due to Kanu being denied adequate time to prepare his defense, Kanu abruptly interrupted. “Sit down! I command you to sit down!” he shouted from the dock.
He continued, addressing the judge: “My lord, I no longer have confidence in this court, and I ask that you recuse yourself because you have not adhered to the Supreme Court’s ruling. While I can understand if the DSS disobeys a court order, it is deeply regrettable for this court to ignore a Supreme Court order. I respectfully request that you step aside from this case.”
In response, the prosecution counsel, Mr. Adegboyega Awomolo, SAN, urged the court to dismiss Kanu’s request, asserting that the Supreme Court had mandated that he be tried on the outstanding seven counts.
“The Justices instructed this court to proceed with the hearing of the charges against the defendant. My lord, you should not recuse yourself based on this observation, which has no bearing on the Supreme Court’s directive. It is an unfounded observation, and we urge the court to continue with the proceedings,” the government lawyer contended.
Unfazed, Kanu stood up again, holding a copy of what he said to be the current judgment from the Supreme Court. He quoted a section stating that the trial court’s actions had made the judge’s impartiality questionable.
“But my lord, you know I have respect for you. The issue is that this court is allowing the defense to push me into a trial that contradicts the Constitution in many ways,” Kanu remarked.
After expressing her discontent with the situation, Justice Nyako announced that she was unwilling to proceed with the case.
“I hereby recuse myself and return the case file to the Chief Judge,” she declared.
Earlier, the court had 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 first arrested in Lagos on October 14, 2015, upon returning to Nigeria from the United Kingdom.
Justice Nyako granted him bail on health grounds on April 25, 2017, after he had spent approximately 18 months in detention. Following the fulfillment of the bail conditions, he was released from Kuje prison on April 28, 2017.
However, before the resumption of the trial, Kanu was forced to flee the country after a military raid on his home in Afara Ukwu Ibeku, Umuahia, Abia State, which resulted in the deaths of several of his followers.
