Justice Binta Nyako of the Federal High Court in Abuja has announced her withdrawal as the trial judge in the treason charges slammed against the leader of the Indigenous People of Biafra, Nnamdi Kanu, by the Federal Government.
Nyako took the decision on Tuesday at the resumed hearing of Kanu’s case following an open request by the IPOB leader who has been in custody since his arrest abroad.
She told parties in the suit that she was going to recuse herself from the trial. Recuse is legal parlance which means a judge withdrawal or decision to step outside from a case.
Kanu, who is being prosecuted by the Federal Government on a seven-count bordering on terrorism, had accused Nyako of refusing to obey the orders of the Supreme Court.
He stated that he had lost confidence in the court and that the trial judge should recuse herself from his trial.
Meanwhile, Justice Nyako replied that she would be happy to do just that. She added that she would be sending Kanu’s case file back to the chief judge for it to be reassigned.
Meanwhile, Kanu ordered his counsel, Alloy Ejimakor, to sit down while he 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 referred to the Supreme Court judgement where alleged bias against the judge was raised.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
Speaking further, he said, “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.
“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.”
The prosecution counsel, Adegboyega Awomolo, (SAN), however, tried to urge Justice Nyako to proceed with the trial, but she responded that she had been minded to recuse herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
