The Chief Judge of the High Court has returned Nnamdi Kanu’s case file to Justice Nyako
The Chief Judge of the High Court has returned Nnamdi Kanu‘s case file to Justice Nyako: The Chief Judge of the Federal High Court (FHC), Justice John Tsoho, has reassigned the case against Nnamdi Kanu,
the leader of the Indigenous People of Biafra (IPOB), back to Justice Binta Nyako.
This decision follows Justice Nyako’s recusal from the trial on September 24,
after Kanu and his lawyer, Aloy Ejimakor, raised concerns about her handling of the case.
Justice Tsoho’s action requires that Kanu formally submit his request through a
motion on notice, explaining his reasons for not wanting to be tried by Justice Nyako.
As part of the process, Kanu is expected to provide the Federal Government,
via the Office of the Attorney-General and Minister of Justice, with a copy of this
motion to elicit a response from the prosecution. Both parties will then present their arguments to the court, after which a ruling will be made by the judge.
the trial
Previously, Kanu’s trial was overseen by Justices Ahmed Mohammed and
Tsoho before it was passed to Justice Nyako, which followed Kanu’s objections
to the former judges. During the last court session, after FG’s lawyer Adegboyega
Awomolo informed the court that the trial was to continue, Ejimakor requested
an adjournment due to two outstanding appeals questioning the court’s jurisdiction.
Awomolo countered that the ongoing criminal proceedings should not be delayed because of pending appeals and advised the defense to seek a stay of proceedings in the appellate court.
Justice Nyako indicated that no further applications would be considered until the
trial was concluded. Despite this, Ejimakor argued that it was inappropriate to move
forward without adequate preparation for Kanu’s defense. Kanu himself expressed
a lack of confidence in the court, citing failures to adhere to Supreme Court orders, and requested Nyako’s recusal. Awomolo contested Kanu’s claims regarding the Supreme Court’s ruling, asserting
that it supported the continuation of the trial.
Ultimately, Justice Nyako decided to recuse herself, stating she could not conduct
a trial where the defendant lacked faith in the judicial process. She expressed surprise at Kanu’s outburst towards his lawyer and acknowledged the unfortunate nature of the situation, passing the case back to the Chief Judge for further action.