By The New Diplomat Judicial Desk
A dramatic scene unfolded at the Federal High Court of Abuja on Tuesday as Justice Binta Nyako announced her decision to step down from presiding over the trial of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, who is facing terrorism charges filed by the Federal Government.
Justice Nyako, during court proceedings, declared that she has “rescued” herself from the trial and will remit Kanu’s case file to the Chief Judge for reallocation of another judge.
The development came after an outburst from Kanu, who declared that he had no confidence and trust in the Judge to administer justice in the case.
In the middle of Tuesday’s proceedings, Kanu had jumped up from the dock, expressing his dissatisfaction regarding the handling of his trial so far. To many, this was curious and surprising.
While his lawyer, Mr Alloy Ejimakor, was trying to persuade the court to suspend the trial on the basis that his client was denied the opportunity to prepare his defence, Kanu sprang up from his seat and ordered him to sit down.
“Sit down! I say you should sit down!” Kanu bellowed from the dock.
“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 refuses 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 stated.
At this juncture, the prosecution counsel, Mr Adegboyega Awomolo, SAN, urged the court to ignore Kanu’s position, insisting that the Supreme Court directed that he should be tried on the pending seven-count charge.
However, following the argument, Justice Nyako said she was not willing to continue with the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she held.
The New Diplomat reports that Kanu has been facing Stormy waters since he was first arrested in Lagos State on October 14, 2015, upon his return to the country from the United Kingdom, UK.
Justice Nyako had, on April 25, 2017, granted him bail on health grounds after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from Kuje prison where he was being held.
However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021, and extraordinarily renditioned back to the country by security agents on June 27, 2021.
Since his extraordinary rendition from Kenya in July 2021, the Federal High Court in Abuja presided over by Justice Binta Murtala Nyako, had on April 8, 2022, cleared eight of Nnamdi Kanu’s 15 charges. The court of appeal later on October 14, 2022, dropped all charges against him and ordered his discharge.
But the Federal Government pressed on to the Supreme Court which ordered a restart of the treason trial. He remains in the custody of the Directorate of State Service, DSS.