Nnamdi Kanu, judge disagree on withdrawal from trial
Nnamdi Kanu’s lawyer Aloy Ejimakor on Monday again told a federal high court judge Binta Nyako to recuse herself from his trial.
But the judge insisted on sitting in judgement on the case, declaring that the Chief Judge had not granted the request for recusal.
Ejimakor said the request for her to quit the case again came from his client, Nnamdi Kanu, who is the leader of the proscribed Indigenous People of Biafra (IPOB).
Kanu has been in the custody of the State Security Service (SSS) since 2021 while standing trial before Mrs Nyako on charges of terrorism and treasonable felony arising from his separatist activists as a pro-Biafra agitator.
He came to the court on Monday in company with SSS operatives at about 8:30am.
Kanu’s trial was earlier stalled after Justice Nyako had initially recused herself from the case following the IPOB leader’s oral application on September 24, 2024.
The IPOB leader broke into a conversation between the bar and the bench during the court session to tell the judge to withdraw from the case.
He said he no longer had confidence in her handling of his trial.
However, John Tsoho, Chief Judge of the Federal High Court, returned the file to Justice Nyako on the grounds that 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; the prosecution led by Adegboyega Awomolo asked the court to fix a date for the commencement of the trial.
Opposing the request for a trial date, the defence counsel, Ejimakor, in a letter dated December 9, 2024, said the ruling of the judge recusing herself remained valid.
He further asked that the case be transferred to a division of the Federal High Court in the South-East region of the country if no judge in Abuja was willing to preside over it.
At the resumed hearing on Monday, the prosecuting counsel led by Mr Awomolo, told the judge was ready for the commencement of trial as his witnesses were ready.
However, Ejimakor said his client had made a choice to not stand trial before Nyako.
“The defendant is still asking that your lordship recuse yourself from this matter,” Ejimakor told the court.
In response, the judge said, “The Chief Judge has not accepted the recusal and referred the case back” to her for trial.
She asked the defence team led by Ejimakor to send a written application if they still insisted on the recusal and thereafter adjourned the case indefinitely.