The detained leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, on Tuesday, asked Justice Binta Nyako of the Federal High Court in Abuja to recuse herself from his trial.
Kanu spoke from the dock at the resumed proceeding in the seven-count terrorism charge the FG preferred against him.
While his lawyer, Mr. Alloy Ejimakor was trying to persuade the court to suspend the trial on the basis that his client was denied the opportunity to prepare his defence, Kanu, sprang up from his seat and ordered him to sit down.
“Sit down! I say you should sit down!” Kanu bellowed from the dock.
Continuing, he said: “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.
“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 stated.
At this juncture, the prosecution counsel, Mr. Adegboyega Awomolo, SAN, urged the court to ignore Kanu’s position, insisting that the Supreme Court directed that he should be tried on the pending seven-count charge.
“The Justices ordered this court to proceed with the hearing of the charge against the defendant. My lord, you should not recuse yourself on the basis of this mere observation which does not have anything to do with the Supreme Court. It is an incompetent observation. We urge this court to proceed with the hearing,” FG’s lawyer submitted.
Not done, Kanu, rose again from the dock, waving a copy of what he described as the subsisting judgement of the Supreme Court.
He read a portion where the apex court held that actions of the trial court in the matter “rendered the impartiality of the judge suspect.”
“But my lord, you know that I love you. It is just that this court is allowing the defence to railroad me into a trial that is at variance with every provision of the Constitution,” Kanu added.
After she had expressed her dissatisfaction with the development, Justice Nyako said she was not willing to continue with the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she held.
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