The trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), took an unexpected turn on Tuesday as Justice Binta Nyako of the Federal High Court Abuja announced her intention to recuse herself from the case.
This development came after Kanu openly expressed his lack of confidence in the court and requested Justice Nyako’s recusal, citing her alleged refusal to comply with a Supreme Court order.
During the resumed hearing, Kanu dramatically intervened, ordering his counsel, Alloy Ejimakor, to sit down while he addressed the court directly from the dock. “Sit down! I say you should sit down!” Kanu reportedly yelled at his lawyer, before turning his attention to Justice Nyako.
Kanu declared, “My lord, I have no confidence in this court any more, and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.”
He further emphasized, “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.”
Kanu’s objections were rooted in a recent Supreme Court decision that questioned the jurisdiction of the federal court regarding the location of the alleged broadcast for which he is being charged. He proceeded to read a portion of the Supreme Court judgment that raised concerns about potential bias against Justice Nyako.
In response to Kanu’s request, Justice Nyako stated that she would be “happy to recuse” herself from the trial and had no objections to his demand.
She announced, “I hereby recuse myself and remit the case file back to the Chief Judge,” effectively halting the proceedings and paving the way for the case to be reassigned.
The federal government’s counsel, Adegboyega Awomolo, had earlier expressed readiness to commence the trial but acknowledged that it could not proceed under the current circumstances. Despite Awomolo’s attempts to persuade Justice Nyako to continue with the trial, she remained firm in her decision to step down from the case.
This latest development adds another layer of complexity to Kanu’s legal saga, which began with his re-arrest in Kenya in 2021 and subsequent return to Nigeria to face terrorism charges. Kanu has consistently pleaded not guilty to these charges, but Justice Nyako had previously denied him bail, citing his earlier violation of bail conditions when Senator Abaribe stood as his surety.
As the case now awaits reassignment by the Chief Judge, Kanu remains in the custody of the Department of State Services on the order of the Federal High Court, Abuja.
