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Justice Binta Nyako at the Federal High court sitting in Abuja on Tuesday said she was going to recuse herself from the trial of the leader of the Indigenous People of Biafra, Nnamdi Kanu.
According to the Law.com, to recuse means to refuse to be a judge (or for a judge to agree to a request by one of the parties to step aside) in a lawsuit or appeal because of a conflict of interest or other good reason (acquaintanceship with one of the parties, for example). It also applies to a judge or prosecutor being removed.
This is against the backdrop that Kanu had requested in the open court that the trial judge recuse herself from his trial since she had refused to obey the orders of the Supreme Court.
Recall that Kanu is being prosecuted by the Federal Government on a seven-count bordering on terrorism.
However, following series of court appearances, Kanu said that he had lost confidence in the court and that the trial judge should recuse herself from his trial.
Meanwhile, at the resumed hearing and trial, Justice Nyako said she would be happy to do just that, adding that she would be sending Kanu’s case file back to the chief judge for it to be reassigned.
According to Kanu words, “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.
