ABUJA, Nigeria - Justice Binta Nyako of the Federal High Court in Abuja has indefinitely postponed the trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
This decision comes after Kanu asserted that Nyako should not lead his trial, referencing her earlier recusal.
He questioned her jurisdiction over his case, expressing a lack of trust in her ability to handle it, and requested her to step aside.
The Judge acquiesced to his request, forwarding the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, for reassignment to another judge. Despite Kanu's claims that Justice Nyako lacked jurisdiction, the judge decided to adjourn the case indefinitely.
Kanu has been held in the custody of the Department of State Services (DSS) since June 2021, facing allegations of terrorism. His trial has been delayed since Justice Nyako recused herself following an oral request from Kanu on September 24, 2024.
However, Chief Judge John Tsoho subsequently returned the case file to Justice Nyako, indicating that Kanu's application should be formally submitted to the court via a motion on notice. On December 5, 2024, the prosecution counsel requested the court to schedule a date to begin Kanu's trial.
Conversely, defense counsel Aloy Ejimakor opposed the motion for a trial date in a letter dated December 9, 2024, affirming that Justice Nyako's recusal remains effective.
Ejimakor proposed that the case be moved to a Federal High Court in the South-East if no judge in Abuja is available to hear it, a request that was denied
During the latest hearing, Justice Nyako remarked that the Chief Judge had not recognized her recusal, referring the case back to her.
She requested that the defense team, led by Aloy Ejimakor, submit a written application if they remain adamant about the recusal.
Earlier, Adegboyega Awomolo, representing the prosecution, affirmed their readiness to proceed to trial as their witnesses were prepared.
A visibly upset Kanu questioned the rationale for his appearance before Justice Nyako, declaring that her statements were irrelevant and stating that he did not acknowledge the authority of the court in relation to his case.