Justice Binta Nyako says she will step down from Nnamdi Kanu’s case and return the file to the chief judge “for further necessary action.”
Kanu accused the court of disregarding a Supreme Court ruling granting him “unfettered access” to his lawyers.
Jutice Nyako, a federal judge Tuesday withdrew from handling the trial of Nnamdi Kanu after the detained leader of the Indigenous People of Biafra (IPOB) expressed lack of confidence in the court.
Typically, when judges recuse themselves from a trial, they return the case file to the chief judge, who then re-assigns it to a different judge.
The trial of the IPOB leader, who is facing terrorism charges, was billed to continue on Tuesday and nyako had signalled the prosecution lawyer to call his witness. But Kanu’s lawyer, Aloy Ejimakor, opposed the move on the grounds that the defence has pending appeals challenging the court’s jurisdiction.
The judge overruled the defence lawyer and directed the prosecution to proceed.
Kanu’s intervention
Ejimakor was still protesting before the judge when the IPOB leader stood from the dock and shouted at him to sit down.
“”Sit down! I say you should sit down!” Kanu screamed at his lawyer.
He then turned to address the judge, arguing that the continuation of his trial was a flagrant disregard of his fundamental rights and against the decisions of the Supreme Court, especially with respect to his lawyers.
Kanu’s legal team had repeatedly complained about the Department of State Security (DSS) denying them access to their client despite the court ordering that they should have “unfettered access” to him.
“My Lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court,” the IPOB leader told the judge.
“I can understand it if the DSS refuses to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable. I am asking you to recuse yourself from this case.”
Kanu, 55, founded IPOB in 2012 as an advocacy tool for an independent state of Biafra. He was arrested three years later on terrorism and treason charges.
In 2017, the Nigerian government designated the group as a terrorist organisation, a decision a high court later nullified. That same year, Judge Nyako granted bail to Kanu to enable the IPOB leader to attend to his health. She, however, gave conditions he must fulfil to continue enjoying his freedom. Some of the conditions included that he must not hold rallies, grant interviews, and be in a crowd of more than 10 people.
Kanu flouted all the conditions, and after soldiers invaded his home in his native south-east region, he fled the country. But in 2021, Kanu was subjected to an extraordinary rendition from Kenya, and he has been in the DSS custody ever since.
During a bail hearing last March, he made a fresh plea for bail before Nyako, citing his failing health. The judge denied his request.
Kanu’s lawyer, Ejimakor, had also alleged that his client does not have unfettered access to his doctors.
