BY ANTHONY OCHELA, ABUJA
Detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, on Monday, insisted that he would not be tried before the Federal High Court in Abuja presided over by Justice Binta Nyako.
Kanu, who is facing a seven-count treasonable felony charge that the federal government preferred against him, said he would not be prosecuted before “a shrine of injustice.”
Kanu made the remarks from the dock on a day that was fixed for government to open its case against him, a situation that forced the court to adjourn indefinitely.
At the resumed sitting of the court, the prosecution counsel, Chief Adegboyega Awomolo (SAN) informed the court that he had filed and served all the necessary processes on Kanu’s legal team, preparatory to the commencement of hearing into the matter.
However, Kanu’s lawyer, Mr Alloy Ejimakor drew the attention of the court to his client’s contention that the trial judge, Justice Nyako, was no longer fit to preside over the case.
Ejimakor noted that Justice Nyako had in a ruling she delivered on November 24, 2024, recused herself from the trial.
Kanu’s lawyer also stressed that his client had also applied for his trial to be moved from Abuja to any division of the high court in the South-East region where the offences he was charged with were allegedly committed.
After listening to Ejimakor, Justice Nyako explained that though she did not want to handle the trial again, the case-file was returned to her by the chief judge of the high court.
According to Nyako, the chief judge turned down her recusal from the trial and directed the defendant to file a formal request for the matter to be reassigned to another judge
While the prosecution counsel and the defence lawyer were still trading words over the request for Justice Nyako to hands off the trial, Kanu signalled his intention to address the court.
The IPOB leader said he only appeared for the proceeding due to the respect he has for the court, even as he stood his ground that Justice Nyako no longer had the requisite jurisdiction to preside over his trial, having previously recused herself.
“I don’t recognise 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?” the IPOB leader queried.
He insisted that the memo that the chief judge sent, which returned the case-file, could not override the enrolled order of the court that recused Justice Nyako from the trial.
“This is not a court of law, this is a shrine of injustice and i will not subject myself to it,” Kanu added.
Ignoring Kanu’s position on the issue, Awomolo urged the court to fix a date for his trial.
“My lord, in view of the fact that the defendant has indicated that he will not make a formal application, I apply for your lordship to give us a definite date for trial,” the prosecution counsel submitted.
Kanu, however, retorted “The same chief judge writing this memo, I have recused him before. He sat on the appeal; I took him to the National Judicial Council, NJC, and recused him. Why is he insisting on this one? He wants to embarrass your lordship by asking you to sit on this case.”
In a short ruling, Justice Nyako held that she had no option than to adjourn the case indefinitely.
