Justice Binta Nyako of the Federal High Court in Abuja withdrew from Nnamdi Kanu’s trial on Tuesday, following an emotional courtroom incident.
Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), requested that the judge recuse herself, citing a lack of confidence in the court’s handling of his case.
The session began with Federal Government lawyer Adegboyega Awomolo, SAN, announcing readiness to proceed with the trial on the seven-count terrorism charge against Kanu.
However, Kanu’s lawyer, Aloy Ejimakor, sought an adjournment, citing pending appeals that challenge the court’s jurisdiction. Awomolo countered, arguing that a criminal trial could not be delayed because of a pending appeal and suggested that the defense request a stay of proceedings at the appellate court.
Justice Nyako, expressing a desire to avoid unnecessary delays, had previously ruled that no new applications would be entertained until the trial concluded. However, Ejimakor maintained that it was inappropriate to continue the trial, stating that Kanu had not been allowed adequate preparation, in violation of court orders.
The proceedings took a dramatic turn when Kanu, visibly agitated, interrupted Ejimakor and ordered him to sit down, angrily accusing the court of failing to follow a Supreme Court ruling regarding his rights and access to legal counsel. Kanu then requested Justice Nyako to step down from the case, citing her failure to uphold the Supreme Court’s judgment.
Awomolo rejected Kanu’s interpretation of the Supreme Court’s decision, asserting that the ruling permitted the lower court to proceed with the trial. He described Kanu’s claims as “incompetent and audacious.”
Justice Nyako, surprised by Kanu’s outburst, declared her recusal, stating that she could not continue with the trial if the defendant had lost confidence in the court. She remitted the case to the Chief Judge for reassignment.
Awomolo expressed disappointment over the development, calling it an unfortunate day for the legal proceedings.