Justice Binta Nyako Withdraws From Nnamdi Kanu’s Case Amidst Heated Courtroom Drama

Abuja, Nigeria– Justice Binta Nyako of the Federal High Court in Abuja on Tuesday,has agreed to withdraw from the trial of Nnamdi Kanu, the detained leader of the Proscribed Indigenous People of Biafra (IPOB).

The decision follows Kanu’s demand for her recusal during proceedings related to the seven-count terrorism charges filed against him by the Federal Government.

The incident occurred as Kanu was presented in court, where his lawyer, Alloy Ejimakor, sought to suspend the trial, citing a lack of opportunity for Kanu to prepare his defense.

However, Kanu interrupted, expressing his frustration and loss of confidence in the court’s impartiality. “Sit down! I say you should sit down! 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,” Kanu said.

He accused the court for allegedly disregarding a Supreme Court order, stating, “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.”

At this stage, prosecution counsel Adegboyega Awomolo, SAN, urged the court to disregard Kanu’s arguments, asserting that the Supreme Court mandated his trial on the pending seven-count charge.

“The Justices instructed this court to continue hearing the charges against the defendant. My lord, you should not recuse yourself based on this mere observation, which is irrelevant to the Supreme Court’s directive. It is an unfounded remark. We request that this court proceed with the hearing,” the FG’s lawyer stated.

Unyielding, Kanu rose from the dock again, brandishing a document he referred to as the existing judgment of the Supreme Court.

“But my lord, you know that I have great respect for you. However, this court is permitting the defense to steer me into a trial that contradicts every provision of the Constitution,” Kanu siad.

After expressing her frustration with the situation, Justice Nyako declared that she would not continue with the case.

“I hereby recuse myself and return the case file to the Chief Judge,” she announced.

Earlier, the court had approved the FG’s request to protect the identities of witnesses set to testify in the case.

It is important to note that Kanu was first arrested in Lagos on October 14, 2015, upon his return from the United Kingdom. Justice Nyako granted him bail on health grounds on April 25, 2017, after he had spent approximately 18 months in detention.

Once the bail conditions were met, he was released from Kuje prison on April 28, 2017.

Meanwhile, during the trial, Kanu fled the country following an invasion by soldiers at his residence in Afara Ukwu Ibeku, Umuahia, Abia State, which resulted in the deaths of some of his followers.

Kanu was later re-arrested in Kenya on June 19, 2021, and extraordinarily renditioned back to Nigeria by security agents on June 27, 2021.

Subsequently, the trial court remanded him in the custody of the DSS on June 29, 2021, where he has remained since.

On April 8, 2022, the court dismissed eight of the 15 counts brought against him by the FG, citing a lack of substance.

However, the Abuja Division of the Court of Appeal ordered Kanu’s immediate release from detention on October 13, 2022, while also quashing the charges against him.

Dissatisfied with this ruling, the FG appealed to the Supreme Court, seeking to suspend the execution of the appellate court’s judgment pending the resolution of the appeal.

In a decision on December 15, 2023, the Supreme Court vacated the appellate court’s ruling and authorized the FG to proceed with Kanu’s trial on the remaining seven-count charge.