Justice Binta Nyako today indefinitely adjourned the trial of the leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu, following his protest during the proceedings on Monday.
Kanu, who is facing terrorism charges brought against him by the Federal Government, insisted that Nyako was unfit to handle his case.
An agitated Kanu said in court: “Her husband and son are facing corruption charges, they sent her to my case so that she can smooth the part for her husband and son.”
Adamawa State’s former former Governor Murtala Nyako, and his son Abdulaziz have been facing a N29 billion fraud trial since 2015.
Nyako who had on September 24, 2024, recused herself from the case after an oral application by the defendant, was once again asked to handle the case by Justice John Tsoho, the Chief Judge (CJ) of the Federal High Court.
According to the CJ, Kanu’s application must be brought formally before the court through a motion on notice.
Consequently, in a letter dated December 5, 2024, addressed to the Deputy Chief Registrar, Adegboyega Awomolo, the prosecution counsel, asked the court to fix a date for the commencement of the trial.
Opposing the request, the defence counsel, Aloy Ejimakor, in a letter dated December 9, 2024, said the ruling of the judge recusing herself remained valid until set aside, which should bar her from handling the case.
Subsequently, Kanu through his lawyers, requested that the case be transferred to a Federal High Court in the South-East if no judge in Abuja besides Nyako is willing to preside over it. His appeal was unsuccessful as he was summoned to appear before Justice Nyako on Monday.
At the resumed hearing on Monday, the prosecution, led by Awomolo, told the court that the prosecution have filed and served all necessary processes in the suit and that they are ready to proceed with trial.
However, Ejimakor insisted that that was not the issue before the court.
Justice Nyako said the chief judge did not accept the recusal and had referred the case back to her.
She asked the defence team to write a written application insisting that the case be reassigned to another judge.
While the lawyers in the suit argued over whether a formal motion was required, Kanu interjected saying “I want to speak”.
Justice Nyako asked him if he wanted to take over from his lawyer, and Kanu replied, saying: “Yes, I want to take over.”
The IPOB leader said he was only in court out of respect for the court but that Nyako no longer had the jurisdiction to preside over his case having initially rescued herself from it.
Addressing the prosecution counsel, Kanu said: “A grown-up man like you who should be in the village and who should be making sure that things are done properly is here subverting the law.”
To the judge, Kanu said: “I don’t recognise the authority of this (judge) 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?”
Kanu insisted that the CJ cannot override Nyako’s ruling on September 24, 2024, by a mere memo, adding that the CJ can go ahead with an appeal if he disagrees with the ruling.
Kanu continued to rage: “You cannot preside over this case, not now, not today, not ever. “You stand recused and you must leave my case. I don’t need you in my case. You are biased. Tell the chief judge that Nnamdi Kanu said so.
“Must you try my case, why must you try my case, what is your interest, why are you insisting on trying my case?.
“This is not a court of law, this is a shrine to injustice and I will not subject myself to it.”
Kanu added, “Because of the 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 justice wrote this stupid memo, I have recused him before. He sat on appeal, so 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,”he added.
Following Kanu’s protest and refusal to make a formal application, Awomolo asked the court to fix a date for trial.
In her ruling, Justice Nyako adjourned the case “sine die” (indefinitely).
Speaking after the court proceedings, Kanu accused the court of being biased against him. He accused Justice Nyako of “using her position for personal gain.
“Her husband and son are facing corruption charges, they sent her to my case so that she can smooth the part for her husband and son.
“They have violated their judicial oath and are biased against me. The Supreme Court said so and that is why what is happening in the judgements and rulings against me is happening.
“The Supreme Court said you are biased, you are against this man, Nigeria went to Kenya and kidnapped him, these things are in the public domain. Why are they insisting on trying me?.
“A court order was entered stating very clearly that she is no longer going to try me, why are they insisting? Because they have no case against me and they know.”
