Nnamdi Kanu Demands Judge’s Recusal Citing Lack of Confidence in Fair Trial
Nnamdi Kanu Demands Judge’s Recusal Citing Lack of Confidence in Fair Trial: Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), on Tuesday, requested
that Justice Binta Nyako of the Federal High Court in Abuja step down from his case.
Kanu is facing a seven-count terrorism charge brought against him by the Federal Government.
During the court session, Kanu interrupted his lawyer, Alloy Ejimakor,
who was arguing that the trial should be postponed as Kanu had been
denied adequate time to prepare his defense.
Kanu stood up from the dock, instructing his lawyer to sit down.
He expressed his lack of confidence in the court, claiming that
Justice Nyako had failed to comply with a decision made by the Supreme Court.
Kanu acknowledged that it was somewhat understandable if the Department of State Services (DSS) disobeyed court orders, but he found it unacceptable for the trial court to do the same.
He formally requested that the judge recuse herself from the case, as he no longer believed in the impartiality of the proceedings.
the response
In response, the Federal Government’s lawyer, Adegboyega Awomolo, SAN,
dismissed Kanu’s request and argued that the Supreme Court had instructed the trial court to continue with the hearing of the pending seven-count charge. Awomolo described Kanu’s observation as incompetent and urged the court to proceed with the trial. However, Kanu rose again, brandishing a copy
of the Supreme Court’s ruling, emphasizing a portion where it suggested that
the impartiality of the trial judge had been called into question. Despite his objections, Kanu clarified that he still respected the judge but felt the court was being influenced into pushing forward
a trial that contradicted constitutional provisions.
the exchange
Following the heated exchange, Justice Nyako expressed her discomfort with
the situation and decided to recuse herself from the case. She remitted the
case file back to the Chief Judge for reassignment. Before her decision, the court had also granted the Federal Government’s request to protect the identities of witnesses set to testify in the trial.
Kanu’s legal saga began when he was first arrested in Lagos on October 14, 2015, after returning from the United Kingdom. He was granted bail on health grounds by Justice Nyako in April 2017 after spending 18 months in detention. However, Kanu fled the country after soldiers raided his family home in Afara Ukwu Ibeku, Umuahia, Abia State, a military operation that resulted in the deaths of several of his followers.
the re-arrest
Kanu was re-arrested in Kenya on June 19, 2021, and was illegally extradited
back to Nigeria on June 27, 2021, by Nigerian security agents. Since then,
he has been held in custody by the Department of State Services (DSS).
On April 8, 2022, the trial court struck out eight of the 15 charges initially brought against Kanu due to lack of evidence. Later, in October 2022, the Abuja Division of the Court of Appeal
ordered his immediate release and dismissed all charges against him.
However, the Federal Government appealed the ruling at the Supreme Court, which in December 2023 overturned the decision of the appellate court and permitted the Federal Government to continue with the seven-count charge against Kanu.