Nnamdi Kanu has once again asked Judge Binta Nyako to withdraw from his case. This request caused a dramatic scene at the Federal High Court in Abuja on Monday morning. His lawyer, Aloy Ejimakor, made the demand on his behalf.
Mr. Kanu is the leader of the outlawed Indigenous People of Biafra (IPOB), a group seeking the independence of the South-East and parts of nearby states as a sovereign Biafra nation. He has been in the custody of the State Security Service (SSS) since 2021 and is facing charges of terrorism and treason.
Previous Recusal of Judge Nyako
Earlier, on 24 September 2024, Mr. Kanu’s trial was halted when Judge Nyako stepped down from the case. This happened after Mr. Kanu made an oral request during a court session, saying he no longer trusted the judge to handle his case fairly.
However, despite her withdrawal, the Chief Judge of the Federal High Court, John Tsoho, later returned the case to her. He stated that Mr. Kanu must file a formal motion before the court if he wanted the judge to recuse herself officially.
Renewed Demand for Judge’s Withdrawal
On Monday, as the hearing resumed, Mr. Kanu once again insisted that Judge Nyako should not preside over his trial. His lawyer, Mr. Ejimakor, argued in court that his client no longer had faith in the judge’s ability to deliver justice.
On the other hand, the prosecution, led by Adegboyega Awomolo, pushed for the trial to begin. In a letter dated 5 December 2024, the prosecution had asked the court to schedule a trial date. In response, the defence, through a letter dated 9 December 2024, maintained that the judge’s earlier decision to step down was still valid.
Request to Transfer the Case
Mr. Ejimakor also suggested that if no judge in Abuja was willing to take over the case, it should be moved to a Federal High Court division in the South-East, where Mr. Kanu is from. He argued that this would ensure fairness in the trial.
Judge’s Response
During Monday’s hearing, the prosecution lawyer, Mr. Awomolo, told the court that his witnesses were prepared and ready for the trial to begin. However, the defence insisted that Mr. Kanu would not proceed with the trial under Judge Nyako.
Judge Nyako responded by saying that the Chief Judge had not approved her recusal and had sent the case back to her. She advised Mr. Kanu’s legal team to submit a formal written request if they still wanted her to step down.
With the case still unsettled, it remains unclear whether Mr. Kanu’s trial will proceed under Judge Nyako or be reassigned to another judge.
