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Bemused Nyako adjourns case indefinitely
The Federal High Court sitting in Abuja has adjourned indefinitely the terrorism trial of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, after he questioned the trial judge’s impartiality.
Judge Binta Nyako announced the indefinite postponement of the proceedings following Kanu’s expression of lack of confidence in her handling of the case.
Kanu said during the proceedings that he was “not happy with the decision of the Chief Judge” to return the case to Justice Nyako.
The IPOB leader said he was only in court due to the respect he had for the rule of law, adding that the judge had previously recused herself from the case.
He maintained that he could not be prosecuted while the case remained with Mrs Nyako.
He argued that Justice Nyako no longer has the jurisdiction to preside over his trial since she earlier recused herself from the case in September last year.
Kanu then turned to the prosecuting lawyer and insulted him, saying: “A grown-up man like you, who should be in the village and, who should be making sure that things are done properly is here subverting the law.”
He then returned his attention to the judge and said: “I don’t recognise the authority of this court to preside over my case.
“Everything you (the judge) said here is meaningless to me. Why is it that when it comes to my case, everything is turned upside-down?”
Kanu argued that the memo, which was sent by the Chief Judge, returning the case file back to Justice Nyako to continue to handle the case, cannot override the enrolled order of the court made on September 24 (with which Justice Nyako recused herself from the case.)
When told by Justice Nyako that he was at liberty to appeal the directive of the Chief Judge, Kanu said: “If the Chief Judge disagrees, you 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,” Kanu said
But the prosecution counsel, Adegboyega Awomolo, (SAN) objected to Kanu’s remarks and asked for a definite date for hearing.
He said the Chief Judge returned the case file to Justice Nyako for Kanu to formally raise his objection to the judge’s continued handling of the case.
Awomolo said since Kanu refused to file such a formal application, it was wrong for him to “insult the court.”
Before the prosecuting lawyer could conclude his submission, Kanu said: “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 Judge, writing this stupid memo, I have recused him before. He sat on appeal, I took him to 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.
Ruling, Justice 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).”
Reacting to the judge’s pronouncement, Kanu again, said: “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.”
Meanwhile, speaking in the courtroom shortly after the court session ended, Kanu questioned why he was brought before the judge.
“Why is it, when it comes to my case, they turn it upside down, they turn the law upside down,” Mr Kanu yelled.
While pointing at Mr Awomolo, the lead prosecution counsel, Mr Kanu said, “An old man like this doesn’t know the law. You don’t know the law.
“This is the law of Nigeria, the prosecution and this court don’t know the law; that is the fact. Poor knowledge of the law is killing Nigeria. Poor knowledge of the law, they don’t know the law.”
