The judge in the ongoing trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), Justice Binta Nyako of the Federal High Court in Abuja has withdrawn from continuing handling the case.
Penpushing reports that Nyako pulled out from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, during the resumed hearing in the case on Tuesday, and this development worsens the uncertainties and delays that have defined the case, which has lingered for nine years without significant progress.
The accused at the resumed hearing stood up from his seat in the dock when his counsel asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction, and in anger ordered his lawyer to sit down, arguing that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.
Penpushing further reports that Kanu who screamed, equally turned to the judge and declared that he has no confidence in her court anymore, and requested the judge to recuse herself because she did not abide by the decision of the Supreme Court
“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 refuse 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’, Kanu emphasized
Penpushing also reports that earlier at the resumed hearing on Tuesday, the Nigeria government’s lawyer, Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN), said he was ready for continuation of trial, arguing that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.
The judge said the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial, but Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.
Penpushing reports that the federal government lawyer countered the argument on the Supreme Court’s judgment delivered in 2023, arguing that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.
The Senior Advocate of Nigeria (SAN) declared that Kanu’s claims did not align with the Supreme Court’s verdict, stressing that it was clearly an incompetent and audacious observation, and the judge in response to the development said as far as she was concerned, there was nothing in the Supreme Court’s lead judgement that supported Kanu’s assertion.
Penpushing further reports that the trial judge expressed surprise that Kanu would stand up and yell at his counsel, explaining that she could not proceed with a trial where a defendant lacked confidence in the court, and thereafter remitted the file to the Chief Judge for further necessary action
The record has it that State Security Service (SSS) has been detaining Kanu, a dual citizen of Nigeria and the United Kingdom, over charges of treasonable felony arising from his separatist campaigns for the secession of independent Biafra from Nigeria.
Penpushing also reports that his trial started in 2015 and was stalled after he fled the country on being granted bail in 2017, but was re-arrested in Kenya in June 2021 to continue his trial, when Nyako ordered his remand in State Security Service (SSS) custody throughout his trial.
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