Justice Binta Nyako, said she was going to recuse herself from the trial of the leader of the proscribed Indegenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Nyako disclosed this at the resumed hearing of Kanu’s case
at the Federal High Court in Abuja on Tuesday.
The decision to recuse herself from the trial followed Kanu’s request in the open court that the trial judge recuse herself from his trial since she has refused to obey the orders of the Supreme Court.
The embattled IPOB leader is being prosecuted by the Federal Government on a seven-count- charge bordering on terrorism.
Kanu said that he had lost confidence in the court and that the trial judge should recuse herself from his matter.
Responding, Justice Nyako said that she would be happy to do just that, stressing that she would be sending Kanu’s case file back to the chief judge for it to be reassigned.
Meanwhile, palpably angry Kanu ordered his counsel, Alloy Ejimakor, to sit down while he(the counsel) was trying to persuade the court to suspend the trial on the basis that Kanu was denied the opportunity to prepare his defence.
Kanu cited the Supreme Court judgement where alleged bias against the judge was raised.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
Speaking further, he said, “My lord, I have no confidence in this court any more, and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.
“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.”
The prosecution counsel, Adegboyega Awomolo, (SAN), however, tried to urge Justice Nyako to proceed with the trial, but she responded that she had been minded to recuse herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
