Justice Binta Nyako of the Federal High Court sitting in Abuja, on Tuesday, handed off from presiding over the trial of the detained leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnmadi Kanu.
Justice Nyako’s withdrawal from the trial followed Nnamdi Kanu’s application in open court, requesting her to recuse herself from the trial due to her disobedience of orders of the Supreme Court.
At a resumed sitting, the IPOB leader had ordered his counsel, Alloy Ejimakor, to sit down while he made reference to the judgment of the Supreme Court where alleged bias against the judge was raised.
While Ejimakor was trying to persuade the court to suspend the trial due to the fact that Kanu was denied the opportunity to prepare his defence, the detained Kanu rose from his seat and ordered his lawyer to sit down.
“Sit down! I say you should sit down!” Kanu roared from the dock.
“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.”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,” Kanu stated.
Though the prosecution counsel, Adegboyega Awomolo, SAN, urged the court to proceed with the trial, Justice Binta Nyako said she was minded to recuse herself from the case.”I hereby recuse myself and remit the case-file back to the Chief Judge,” she held.