Nigeria – Justice Nyako Recuses Herself From Trial Of IPOB Leader

By Utebor Paul, Nigeria

Justice Binta Nyako of the Federal High Court in Abuja on Tuesday recused (withdrew) herself from the trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).

The judge’s decision came after oral applications from Kanu and his lawyer, Aloy Ejimakor, during the resumed hearing of the seven-count terrorism charge filed against Kanu by the Federal Government.

At the start of the hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, expressed readiness to continue the trial.

However, Kanu’s lawyer, Ejimakor, sought an adjournment, citing two pending appeals challenging the court’s jurisdiction.

Awomolo countered, arguing that a criminal trial cannot be delayed due to a pending appeal and suggested that the defense should file for a stay of proceedings at the appellate court.

Justice Nyako, addressing the parties, stated that the court would not entertain any applications until the end of the trial. She urged both sides not to delay the case.

Ejimakor, however, argued that the trial should not proceed as his client had not been given sufficient time to prepare his defense, further alleging that court orders allowing Kanu proper access to his lawyers had not been followed.

While the prosecution was set to call its witness, Kanu interrupted, angrily directing his lawyer to sit down. He expressed his frustration, telling the court that he no longer had confidence in the proceedings.

“My lord, I have no confidence in this court anymore. I ask you to recuse yourself because you did not abide by the decision of the Supreme Court,” Kanu stated.

Kanu went on to say that he was disappointed the court had not enforced the Supreme Court’s ruling, which he claimed protected his fundamental rights, especially regarding access to his legal team.

Awomolo, representing the Federal Government, refuted Kanu’s claims, arguing that the Supreme Court’s 2023 judgment allowed the lower court to continue with the trial. He described Kanu’s statement as “incompetent and audacious.”

In her response, Justice Nyako remarked that there was no basis for Kanu’s assertion, based on the Supreme Court’s ruling. However, she noted that she could not continue with the trial when the defendant had lost confidence in the court.

“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako declared, before stepping down from the case.