Justice Binta Nyako of the Federal High Court, Abuja, has indefinitely adjourned the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra.
The decision, made on Monday, follows Kanu’s insistence that Nyako cannot preside over his case, citing her previous recusal.
PUNCH Online had earlier reported that Kanu had been ordered to appear for a hearing on Monday, February 10, 2025, before Justice Binta Nyako of the Federal High Court, Abuja.
Earlier in January, Kanu filed a petition against Justice Nyako before the National Judicial Council, accusing her of judicial misconduct in handling his trial.
And days later, the IPOB leader called for his case to be transferred to the South-East if no judge at the Federal High Court in Abuja was willing to preside over it apart from Justice Binta Nyako.
Court Proceedings Begin
At the commencement of proceedings, prosecuting lawyer, Adegboyega Awomolo (SAN), stated that the prosecution had filed and served all necessary documents and was ready to proceed with the trial.
Responding, defence lawyer, Aloy Ejimakor, said the issue before the court was not about proceeding with the trial.
Judge’s Recusal
At that point, Justice Nyako intervened, explaining that although she had earlier recused herself from the case, the court’s Chief Judge turned down her decision to withdraw. She directed that the defendant file a formal motion requesting the reassignment of the case to another judge.
While Awomolo and Ejimakor were debating whether a formal motion was necessary as directed by the Chief Judge, Kanu, who had been sitting quietly in the dock, suddenly interjected and demanded to be allowed to speak.
Kanu Seeks to Represent Self
When asked by Justice Nyako whether he intended to take over the conduct of his case from his lawyer, Kanu responded: “Yes, I want to take over.”
The defendant proceeded to state that he only agreed to attend court out of respect for the judiciary. He argued that Justice Nyako no longer had jurisdiction over his trial, as she had previously recused herself in September of the previous year.
Exchange Between Kanu, Prosecutor
Turning to the prosecuting lawyer, Kanu insulted him, saying: “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.”
He then addressed the judge: “I don’t recognise the authority of this court to preside over my case. Everything you (the judge) said here is meaningless to me. Why is it that when it comes to my case, everything is turned upside-down?”
Kanu further argued that the memo sent by the Chief Judge, returning the case file to Justice Nyako, could not override the enrolled order made on September 24, when she initially recused herself.
When Justice Nyako informed him that he was at liberty to appeal the Chief Judge’s directive, Kanu responded: “If the Chief Judge disagrees, he should appeal the decision.”
Kanu Rejects Judge’s Authority
Continuing his remarks, Kanu asserted: “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.”
He further declared: “This is not a court of law. This is a shrine to injustice, and I will not subject myself to it.”
Prosecution Requests Trial Date
In his submission, Awomolo urged the court to fix a trial date, stating: “In view of the fact that the defendant has indicated that he will not make a formal application, I apply that your lordship gives us a definite date for trial.”
Before the prosecuting lawyer could conclude, Kanu interjected again: “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.”
He further criticised the Chief Judge’s actions: “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.”
Judge Adjourns
In her ruling, Justice Nyako stated: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die (indefinitely).”
Reacting to the judge’s pronouncement, Kanu said, “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.”
