The self acclaimed leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu has been returned to the custody of the Department of the State Service, DSS, following the indefinite adjournment of his terrorism trial.
Justice Binta Fatima Nyako of the Federal High Court in Abuja on Monday adjourned the matter sine die.
The adjournment of the trial indefinitely followed Kanu’s insistence that the judge cannot preside over his case since she had recused herself.
Justice Binta Nyako had on September 24, 2024 opted out of Kanu’s case after an oral application to that effect was moved by the defendant.
“I hereby recuse myself and remit the case file to the chief judge,” the judge had said.
Kanu who took over the proceedings from his lawyers had directly told the judge that he no longer had confidence in her handling of his trial.
However, the Chief Judge of the court, Justice John Tsoho, after reviewing the circumstances that led to the decision of Justice Binta Nyako, returned the case file to her on the ground that Kanu’s application must be formally brought before the court through a motion on notice.
Consequently, in a letter dated December 5, 2024, and addressed to the Deputy Chief Registrar, counsel to the Federal Government Chief Adegboyega Awomolo SAN asked the court to fix a date for the commencement of trial.
Opposing the request for a trial date, Kanu’s lawyer, Aloy Ejimakor, in a letter dated December 9, 2024, said the ruling of the judge recusing herself remains valid.
Subsequently, Ejimakor asked that the case be transferred to a Federal High Court in the South-East if no judge in Abuja is willing to preside over it.
At Monday’s session, Awomolo told the court that the prosecution has filed and served all necessary processes in the case and that they are ready to proceed with trial.
However, Ejimakor insisted that that was not the issue before the court.
Justice Nyako who cut in explained that although she does not want to preside over the case, the Chief Judge has refused her recusal and directed the defendant to file a formal motion asking for a reassignment of the case to another judge.
While the lawyers in the case argued over whether a formal motion was required or not, Kanu in a rude manner interjected, saying “I want to speak.”
Asked by the judge if he wanted to take over from his lawyer, the defendant said: “Yes, I want to take over.”
The IPOB leader said he was only in court because of the respect he had for the court but that Nyako no longer had the jurisdiction to preside over his case following her recusal in September.
Raging at the prosecution counsel, Kanu said: “A grown-up man like you who should be in the village and who should be making sure that things are done properly is here subverting the law.”
Addressing the judge, he said: “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?”
He said the memo sent by the Chief Judge returning the case file back to Nyako cannot overide the enrolled order of the court made on September 24.
When told by the judge that he was at liberty to appeal the directive of the Chief judge, Kanu said: “If the Chief judge disagrees, he should appeal the decision.
“You cannot preside over this case, not now, not today, not ever. You stand recused and you must leave my case. I dont need you in my case. You are biased. Tell the Chief Judge that Nnamdi Kanu said so.
“This is not a court of law, this is a shrine to injustice and I will not subject myself to it.”
In his submission, Awomolo asked the court to fix a date for trial.
“In view of the fact that the defendant has indicated that he will not make a formal application, I apply that your lordship gives us a definite date be fixed for trial,” Awomolo prayed.
Kanu cut in again, shouting, “Because of money they are paying you from the AGF’s office, a grown-up man like you is here supporting evil. The rule of law says you should go on appeal.
“The same Chief Judge writing this stupid memo, I have recused him before. He sat on appeal, I took him to NJC and recused him. Why is he insisting on this one? He wants to embarrass your lordship by asking her to sit on this case.”
In her ruling, Justice Nyako said: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die meaning indefinitely.”
Again, Kanu cut in: “You have no jurisdiction to adjourn anything. None whatsoever. You cannot make an order without jurisdiction. The memo from the Chief Judge cannot confer jurisdiction upon you.”
Following the decision of the judge, Kanu was led out by DSS operatives, who returned him to custody on the order of the court.
