On Tuesday, September 24, the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, called for Justice Binta Nyako of the Federal High Court in Abuja to withdraw from his trial.
Kanu’s demand came during a resumed session of his trial on the seven-count terrorism charge brought against him by the Federal Government. While his lawyer, Alloy Ejimakor, was attempting to convince the court to pause proceedings on the grounds that Kanu had been denied the opportunity to properly prepare his defense, Kanu interrupted, instructing his lawyer to sit down.
“Sit down! I said sit down!” Kanu exclaimed, before addressing the judge directly. “My lord, I no longer have confidence in this court and request that you recuse yourself because you have not adhered to the Supreme Court’s decision. I can understand the DSS disobeying court orders, but for this court to do the same is regrettable. I ask that you step down from this case.”
In response, the prosecution counsel, Adegboyega Awomolo, SAN, urged the court to disregard Kanu’s remarks, asserting that the Supreme Court had directed the trial to proceed on the pending charges.
“The Supreme Court instructed this court to continue hearing the charges against the defendant. My lord, you should not step down based on this baseless claim, which has no relevance to the Supreme Court’s ruling. We urge the court to continue,” Awomolo argued.
Despite the prosecution’s plea, Kanu again addressed the court, this time holding up what he claimed to be the Supreme Court’s ruling, stating, “My lord, you know I respect you. But this trial contradicts every provision of the Constitution.”
Expressing her frustration with the situation, Justice Nyako ultimately decided to step down from the case. “I hereby recuse myself and return the case file to the Chief Judge,” she declared.
The court had earlier granted the Federal Government’s request to conceal the identities of witnesses in the trial. Kanu was initially arrested in Lagos on October 14, 2015, following his return from the UK. After spending 18 months in detention, he was granted bail on health grounds in April 2017 but fled the country after an army raid on his residence in Abia State. He was re-arrested in Kenya in June 2021 and has been held in DSS custody since.
In April 2022, eight of the 15 charges against him were dismissed. However, the Supreme Court ruled in December 2023 that the trial should proceed on the remaining seven charges.
