Justice Binta Nyako, a judge of the Federal High Court, has officially recused herself from the case involving Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB). The decision, announced on Tuesday, followed Kanu’s open declaration of lost confidence in the judge’s handling of his trial.
At the court session, Kanu expressed frustration, accusing Justice Nyako of not abiding by a previous Supreme Court ruling. “My lord, I have no confidence in this court anymore, and I ask you to recuse yourself because you did not abide by the decision of the supreme court,” Kanu declared from the dock.
He further lamented, “I can understand it if the Department of State Services (DSS) refuses to obey a court order, but for this court to refuse to obey an order of the supreme court is regrettable.”
Despite the federal government’s readiness to continue with the trial, represented by lead counsel Adegboyega Awomolo, who confirmed the presence of a witness and preparations to proceed, the defense counsel, Alloy Ejimakor, raised concerns about being unprepared. Ejimakor cited Kanu’s restricted access to properly prepare for his defense as the reason for their unreadiness. Before Ejimakor could conclude his address, Kanu interrupted from the dock, telling his lawyer to stop speaking.
“Sit down! I say you should sit down!” Kanu commanded.
The tension in the courtroom escalated as Kanu persisted in his calls for Justice Nyako’s recusal. While the prosecution sought to push forward, Justice Nyako ultimately decided to remove herself from the case, stating, “I hereby rescue myself and remit the case file back to the chief judge.”
Kanu has been in the custody of the DSS since 2021, following his re-arrest and extradition from Kenya. He faces a seven-count charge, including allegations of treasonable felony.
Kanu was previously granted bail in 2017, but it was revoked after his failure to appear in court, prompting a bench warrant for his arrest.
In 2022, Nyako dismissed eight out of the 15 charges against Kanu, while the Court of Appeal later quashed the remaining seven counts on October 13, 2022, ordering his release. However, the federal government’s appeal to the Supreme Court led to a stay of execution on that ruling.
Kanu’s attempts at securing bail have repeatedly been denied, with his most recent application rejected in May 2024.
Following Justice Nyako’s recusal, the case will now be reassigned by the chief judge, with further decisions to follow.