Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), requested Justice Binta Nyako of the Federal High Court in Abuja to recuse herself from his ongoing trial during proceedings on Tuesday. Kanu is facing seven counts of terrorism charges brought against him by the Federal Government.
During the court session, as Kanu’s lawyer, Alloy Ejimakor, attempted to persuade the court to suspend the trial, citing Kanu’s lack of opportunity to adequately prepare his defense, Kanu suddenly interjected. He commanded his lawyer to sit down, stating emphatically, “Sit down! I say you should sit down!” He then directed his remarks towards the judge, expressing a complete lack of confidence in her ability to oversee the case, claiming she had failed to adhere to a Supreme Court decision. Kanu argued,
“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,” he asserted.
In response, the prosecution counsel, Adegboyega Awomolo, SAN, urged the court to dismiss Kanu’s request, contending that the Supreme Court had explicitly directed that the trial proceed on the pending charges. He described Kanu’s objections as baseless and incompetent, asserting that they should not influence the court’s actions.
Undeterred, Kanu again rose from the dock, brandishing a copy of what he claimed was a ruling from the Supreme Court, which noted that the actions of the trial court had called the impartiality of the judge into question. He pleaded with the judge, “But my lord, you know that I love you. It is just that this court is allowing the defense to railroad me into a trial that is at variance with every provision of the Constitution.” In light of the unfolding situation and her expressed dissatisfaction, Justice Nyako announced her decision not to continue with the case. “I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
Prior to this, the court had granted the government’s request to protect the identities of witnesses who were set to testify in the case. Kanu’s legal troubles began when he was first arrested in Lagos on October 14, 2015, after returning from the United Kingdom. Following his arrest, Justice Nyako granted him bail on health grounds on April 25, 2017, after he had spent approximately 18 months in custody. He was released from Kuje prison on April 28, 2017, after meeting the bail conditions. However, Kanu later fled the country amidst military action at his home in Afara Ukwu Ibeku, Abia State, which resulted in the deaths of some of his supporters.
He was eventually re-arrested in Kenya on June 19, 2021, and returned to Nigeria through extraordinary rendition by security forces on June 27, 2021. Following his return, Kanu was remanded in the custody of the Department of State Services (DSS), where he has remained since. On April 8, 2022, the court dismissed eight of the 15 charges against him, ruling that they lacked sufficient evidence. The Abuja Division of the Court of Appeal ordered Kanu’s immediate release from detention on October 13, 2022, and quashed the charges against him.
However, the Federal Government, dissatisfied with this ruling, appealed to the Supreme Court, seeking to suspend the execution of the appellate court’s judgment pending the resolution of the case. On December 15, 2023, the Supreme Court vacated the appellate court’s decision and authorized the government to proceed with the trial against Kanu on the remaining seven counts.
