By Kolawole Ojebisi
The detained leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, on Monday, throw decorum to the wind and created a scene before the Federal High Court in Abuja
This is as he insisted that he would not be prosecuted before what he described as “shrine of injustice”.
Speaking from the dock, Kanu condemned the way and manner his case is being handled.
Kanu, who is facing a seven-count treasonable felony charge the Federal Government preferred against him, did not allow the prosecution counsel, representing the FG, to open his case against him.
Trouble started after the prosecution counsel, Chief Adegboyega Awomolo, SAN, informed the court that he had filed and served all the necessary processes on Kanu’s legal team, preparatory to the commencement of full-blown hearing of the matter.
However, Kanu’s lawyer, Mr. Alloy Ejimakor, drew the attention of the court to his client’s contention that the trial judge, Justice Binta Nyako, was no longer fit to preside over the case.
Ejimakor noted that Justice Nyako had in a ruling she delivered on November 24, 2024, recused herself from the trial.
Kanu’s lawyer also stressed that his client had also applied for his trial to be moved from Abuja to any Division of the high court in the South East region where offences he was charged with were allegedly committed
Following Ejimakor’s submissions, Justice Nyako explained that though she did not want to handle the trial again, she said the case-file was returned to her by the Chief Judge, Justice John Tsoho.
According to Justice Nyako, the CJ turned down her recusal from the trial and directed the defendant, Kanu, to file a formal request for the matter to be reassigned to another judge
Meantime, while the prosecution counsel and the defence lawyer were still bickering over the request for Justice Nyako to hands off the trial, Kanu, who was watching from the dock, indicated his intention to address the court.
“I want to speak,” Kanu insisted when he was asked if he wanted to take over from his lawyer.
“Yes, I want to take over,” he replied. Kanu said he only appeared for the proceeding due to the respect he had for the court, even as he stood his ground that Justice Nyako no longer has the requisite jurisdiction to priside over his trial, having previously recused herself.
“Look at you! A grown-up man like you who should be in the village and who should be making sure that things are done properly, you are here subverting the law,” Kanu fumed.
Turning to the judge, he said: “I don’t recognise the authority of this court to preside over my case. Everything you said here is meaningless to me.
“Why is it that when it comes to my case, everything is turned upside-down?,” he queried, insisting that the memo the CJ sent, which returned the case-file, could not override the enrolled order of the court that recused Justice Nyako from the trial.
When he was told by the judge that he was at liberty to appeal the directive of the CJ, Kanu said: “If the Chief Judge disagrees, he should be the one to 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 dont 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 of injustice and i will not subject myself to it,” Kanu added.
Not ready to be cowed by Kanu’s outburst, the prosecution counsel, Awomolo, SAN, urged the court to fix a date for his trial.
“My lord, in view of the fact that the defendant has indicated that he will not make a formal application, I apply for your lordship to give us a definite date for trial,” Awomolo, SAN, submitted.
Facing him again, 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.”
In a short ruling, Justice Nyako, held that she had no option than to adjourn the case indefinitely.
“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,” Kanu insisted.
Kanu’s case is a protracted one. Recall that the IPOB leader was first arrested in Lagos 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 ground, after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
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.
Following the development, the trial court, on June 29, 2021, remanded him in custody of DSS, where he remained till date.
On April 8, 2022, the court struck out eight out of the 15-count charge that FG preferred against him on the premise that they lacked substance.
Likewise, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.
Dissatisfied with the decision, FG took the matter before the Supreme Court, even as it persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.
While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the judgement of the appellate court and gave FG the nod to try the IPOB leader on the subsisting seven-count charge.
