Justice Binta Nyako of a Federal High Court in Abuja, has adjourned indefinitely the trial of the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.
The adjournment on Monday was based on Kanu’s insistence that Justice Nyako cannot continue trying him, having recused herself from the matter earlier.
Kanu has been in the custody of the Department of State Services since June 2021, when he was rearrested and brought back to Nigeria for trial bordering on alleged terrorism.
During the last court’s proceedings in September last year, Justice Nyako had declined further hearing of the matter, following a vote of no confidence passed by the IPOB leader.
However, five months later, the Chief Judge of the Federal High Court, Justice John Tsoho, returned the case file to Nyako on the ground that Kanu’s application must be formally brought before the court through a motion on notice.
When the matter came up on Monday, the prosecution counsel, Adegboyega Awomolo (SAN), informed the court that the prosecution have filed and served all necessary processes in the suit and that they are ready to proceed with the trial.
But, Kanu’s lawyer, Alloy Ejimakor disagreed.
Responding, the judge said ordinarily she was not willing to continue the trial but for the CJ, who asked her to do so.
But, as lawyers were arguing on the need for a formal motion, Kanu interjected saying: “I want to speak.”
Asked by the judge if he wanted to take over from his lawyer, the defendant said: “Yes, I want to take over,” adding that, he was only in court because of the respect he had for the court but that Nyako no longer had the jurisdiction to preside over his case following her recusal in September.
Raging at the prosecution counsel, Kanu said: “A grown-up man like you who should be in the village and who should be making sure that things are done properly is here subverting the law.”
Addressing the judge, he said: “I don’t recognize the authority of this court to preside over my case. Everything you said here is meaningless to me.
“Why is it that when it comes to my case, everything is turned upside-down?” he asked.
Kanu said the memo sent by the CJ returning the case file back to Nyako cannot override the enrolled order of the court made on September 24.
When told by the judge that he was at liberty to appeal the directive of the chief judge, Kanu said: “If the chief judge disagrees, he should appeal the decision.
“You cannot preside over this case, not now, not today, not ever. You stand recused and you must leave my case. I don’t need you in my case. You are biased. Tell the chief judge that Nnamdi Kanu said so.
“This is not a court of law, this is a shrine to injustice and I will not subject myself to it.”
Reacting, Awomolo asked the court to fix a date for trial, in view of the fact that the defendant has indicated that he will not make a formal application.
In her ruling, Nyako said: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die (indefinitely).”
Kanu was first arrested on October 14, 2015 and was arraigned alongside four others on an 11-count charge bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.
He pleaded not guilty to the charge and was in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court in addition held that one of the sureties must be a religious leader.
However, a few months after he was admitted to bail on health grounds, Kanu had fled the country in September 2017, after the military invaded his family’s home in Afara-Ukwu, near Umuahia, Abia State.
The situation led the Federal Government to apply for the revocation of his bail which was granted in 2019 by Justice Binta Nyako of the Federal High Court, Abuja. Besides, the court ordered for the arrest of the IPOB leader, wherever he may be found.
Based on the court’s order, a combined team of security agents in collaboration with international police arrested Nnamdi Kanu and forcefully brought him back to Nigeria to continue his trial.
At the last proceedings in June, Justice Nyako declined to admit kanu to bail, as well as refused to order his remand at a correctional centre, maintaining that the DSS’ custody is the proper place for the defendant.
However, the judge ordered the DSS to provide the applicant with a clean room where he can meet with his lawyers, who must not be more than five at a time.
However, the court threatened not to take any further application regarding the issues resolved as an abuse of court process because she has repeatedly decided on them.