The Federal High Court in Abuja on Monday adjourned indefinitely the terrorism trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), after he questioned the trial judge’s impartiality.
Judge Binta Nyako announced the indefinite postponement of the proceedings following Mr Kanu’s protest, the second instance in about four and a half months that the IPOB leader has expressed a lack of confidence in her handling of the case.
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Mr Kanu said during the proceedings that he was “not happy with the decision of the Chief Judge” returning the case to Mrs Nyako.
The IPOB leader said he was only in court due to the respect he had for the rule of law, adding that the judge had previously recused herself from the case.
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He said he could not be prosecuted while the case remained with Mrs Nyako.
Prosecutor Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN) objected to Mr Kanu’s remarks and asked for a definite date for hearing.
He said the Chief Judge returned the case file to Mrs Nyako for Mr Kanu to formally raise his objection to the judge’s continued handling of the case.
Mr Awomolo said since Mr Kanu refused to file such a formal application, it was wrong for him to “insult the court.”
However, following Mr Kanu’s objection, Mrs Nyako adjourned the matter indefinitely.
Mr Kanu, who has been in the custody of the State Security Service (SSS) since 2021, is standing trial before the judge on charges of terrorism and treasonable felony arising from his separatist activities.
IPOB, a proscribed group led by Mr Kanu, is agitating for the secession of Nigeria’s South-east states and parts of some neighbouring states as a sovereign Biafra nation.
Mr Kanu arrived at the court premises in company with SSS operatives at about 8.30 a.m. on Monday.
Earlier in the proceedings, the prosecution led by Mr Awomolo told the judge that his team was ready for the commencement of trial as his witnesses were ready.
However, defence lawyer Mr Ejimakor said his client had taken a decision not to stand trial before Mrs Nyako.
“The defendant is still asking that your lordship recuse herself from this matter,” Mr Ejimakor said.
In response, the judge said “the Chief Judge had not accepted the recusal and had referred the case back” to her for trial.
She asked the defence team to send a written application if they insisted on her quitting the case.
As Mr Kanu insisted on her withdrawing from the case, she was forced to announce an indefinite postponement of the case.
Poor knowledge of law affecting Nigeria – Kanu
Speaking in the courtroom shortly after the court session ended, Mr Kanu questioned why he was brought before the judge.
“Why is it, when it comes to my case, they turn it upside down, they turn the law upside down,” Mr Kanu yelled.
While pointing at Mr Awomolo, the lead prosecution counsel, Mr Kanu said, “An old man like this doesn’t know the law. You don’t know the law.”
Turning to journalists in the courtroom, the IPOB leader quipped, “This is the law of Nigeria, the prosecution and this court doesn’t know the law; that is the fact. Poor knowledge of the law is killing Nigeria. Poor knowledge of the law, they don’t know the law.”
Lamenting his prolonged trial and the government’s review of the charges brought against him, the IPOB leader asked the Nigerian government to obey its own laws.
“This is a federal, gazetted law of Nigeria that says here that the Chief Judge of Nigeria cannot tell Binta Nyako what to do. It is here, it’s your law, obey it. That is why I do what I do. I agitate for Biafra, I agitate for Biafra by my right to agitate. They turned it from treasonable felony now to terrorism,” he noted.
Before turning away from journalists, angry Mr Kanu smacked a lawyer in his legal team on the back, chiding him to “stop talking while I’m talking.”
Prolonged trial
Mr Kanu’s trial was earlier stalled after Mrs Nyako recused herself from the case following the IPOB leader’s oral application on 24 September 2024.
READ ALSO: Again, Nnamdi Kanu asks judge to withdraw from his trial
The IPOB leader had broken into a conversation between the bar and the bench during the court session to tell the judge to withdraw from the case. He said he no longer had confidence in her handling of his trial.
However, John Tsoho, Chief Judge of the Federal High Court, returned the file to Mrs Nyako on the grounds that Nnamdi Kanu’s application must be brought formally before the court through a motion on notice.
Consequently, in a letter dated 5 December 2024, addressed to the Deputy Chief Registrar; the prosecution led by Awomolo asked the court to fix a date for the commencement of the trial.
Opposing the request for a trial date, Mr Ejimakor, in a letter dated 9 December 2024, said the ruling of the judge recusing herself remained valid.
Mr Ejimakor further asked that the case be transferred to a division of the Federal High Court in the Igbo-dominated South-east region of the country if no judge in Abuja is willing to preside over it.
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