By Yemi Oyeyemi, Abuja.
Justice Binta Nyako of the Federal High Court in Abuja has recused herself from the trial of the self-acclaimed leader of the proscribed Indigenous People of Biafra, (IPOB), Nnamdi Kanu, in the terrorism charges brought against him by the federal government.
The judge on Tuesday opted out of the trial following the outburst of Kanu that he had no confidence and trust in the her for justice.
In the middle of Tuesday’s proceedings, Kanu had jumped up from the dock, shouted down his lawyer, Aloy Ejimako, and took over addressing the court.
In the uproar that ensued, Kanu after taking over the proceedings, announced that he no longer had confidence in Justice Binta Nyako and demanded that she recuse herself immediately.
While Ejimako was reluctant to sit down, Kanu repeatedly shouted on him “Sit down. I say sit down there. Sit down, it is my order”.
At this juncture, the thoroughly embarrassed Ejimako took his seat in obedience to his client’s order.
Kanu, shouting on top of his voice turned to the judge and informed her that he has no confidence of getting justice in the treasonable charges she is handling.
Looking at the judge in the face, Kanu said “Let me tell you right away, I do not have confidence in this your court. I do not have trust in you”.
“I demand that you immediately recuse yourself from this matter. The federal government of Nigeria has no jurisdiction to prefer terrorism charges against me. You know the truth but you don’t want to say it”.
“You are pretending that you don’t know that Nigerian government has no right, no jurisdiction to file these charges against me. You are biased against me “, he said while shouting in the open court.
The Biafra nation agitator also turned to the federal government lawyer, Chief Adegboyega Awomolo SAN, accusing him of doing the federal government’s bidding against the law.
He said that he can only be charged with any criminal offence at the United Kingdom where the alleged offence was committed.
The federal government lawyer, however, vehemently objected to Kanu’s demand that the judge should recuse herself.
Awomolo argued that Kanu’s outburst in the open court was just an observation in the face of the Supreme Court order that he should be prosecuted in the remaining seven count charges against him.
He pleaded with the judge to discontenance the outburst of Kanu as an incompetent observation and allow him to open the federal government’s case against the defendant.
In a brief remark, Justice Binta Nyako said she would prefer another judge to handle the trial, the Supreme Court order notwithstanding.
“I don’t have problems recusing myself. In fact, I will be happy to do so. If a defendant can shout his own lawyer down, hold up proceedings in this way, what is then left for the court?.
“I have more than 700 cases in my docket to attend to. Kanu’s own is just one of them. Let him go to another judge. I have delivered 24 rulings in this matter alone.
In her ruling, the Judge subsequently recused herself and ordered that the case file be returned to the Chief Judge of the federal high court, Justice John Tsoho, for reassignment to another judge.
Before Kanu scuttled the trial, the federal government had announced that it was ready to open its case against the defendant and that the required witnesses were in court.
Awomolo SAN, asked the court to permit him to call his first witness and that the witness be shielded from public for security reasons.
In a reaction, Kanu’s lawyer, Ejimako objected to commencement of trial adding that they have not prepared Kanu for any trial.
Ejimako said that he was not given privacy by DSS to discuss with his client adding that the room offered him to discuss was dirty and that a foreigner employed by them to clean up the room was disallowed by the security agency.
Besides, he claimed he had filed three separate appeals against the earlier decisions of the high court with two of them challenging the jurisdiction of the court while the third one was on bail.
He demanded that the trial be put on hold till the determination of the three appeals by the Court of Appeal.
His request was however turned down on the ground that the Administration of Criminal Justice Act 2015 did not permit granting such request.
Meanwhile, Kanu has been taken to the DSS custody for continuation of his detention till the Chief Judge would reassign the case to another judge.
