Nnamdi Kanu’s Alleged Treasonable Trial Suffers Setback as Judge Hands Off Case

Alex Enumah in Abuja

The trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has suffered a major setback with the trial judge, Justice Binta Nyako, withdrawing from further hearing of the case.

Hope of a speedy conclusion of the trial was dashed Tuesday morning, when to the surprise of everyone, Kanu, who has been in custody of the Department of State Services (DSS) for over three years asked the number two judge of the Federal High Court, Abuja to recuse herself from his trial.

Kanu’s trial in the last three years has gone all the way to the Supreme Court, where he was ordered to stand trial on seven out of the initial 15-count charge brought against him by the Federal Government.

At Tuesday’s proceedings, while his lawyer, Mr. Alloy Ejimakor, was appealing to the judge to suspend the trial on grounds that Kanu was denied the opportunity to prepare his defence, the IPOB leader suddenly sprang up from where he was seated inside the dock and ordered his lawyer to sit down.

“Sit down! I say you should sit down!” he shouted.

Turning towards Justice Nyako, the defendant 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.”

Kanu explained that he would have understood if it was the DSS refusing to obey a court order, “but for this court to refuse to obey an order of the Supreme Court is regrettable”.

He maintained that the Federal Government has no jurisdiction to try him on terrorism allegations.

“I demand that you immediately recuse yourself from this matter. The Federal Government of Nigeria has no jurisdiction to prefer terrorism charges against me. You know the truth but you don’t want to say it,” he said.

While accusing the judge of being biased against him, the Biafra nation agitator submitted that he can only be charged with any criminal offence at the United Kingdom where the alleged offence was committed.

Responding, the Federal Government through its lawyer, Chief Adegboyega Awomolo (SAN), vehemently objected to Kanu’s demand that the Judge should recuse herself from the trial.

Awomolo argued that Kanu’s outburst in the open court was just an observation in the face of the Supreme Court order that he should be prosecuted in the remaining seven count charges against him.

The senior lawyer urged the court to discountenance Kanu’s submissions and allow him to proceed with his case.

However, Justice Nyako disagreed with Awomolo, stating that she would prefer another judge to handle the trial, notwithstanding the judgment of the Supreme Court.

“I don’t have problems recusing myself. In fact, I will be happy to do so. If a defendant can shout his own lawyer down, held up proceedings in this way, what is then left for the court?

“I have more than 700 cases in my docket to attend to. Kanu’s own is just one of them. Let him go to another judge. I have delivered 24 rulings in this matter alone,” the judge said.

In her ruling, the judge subsequently recused herself and ordered that the case file be returned to the Chief Judge of the Federal High Court, Justice John Tsoho, for re-assignment to another judge.

Meanwhile, Kanu has been taken to the DSS custody for continuation of his detention till the Chief Judge would reassign the case to another judge.

He was first arrested on October 14, 2015 and was arraigned alongside four others on an 11-count charge bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.

He pleaded not guilty to the charge and was in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court in addition held that one of the sureties must be a religious leader.

However, a few months after he was admitted to bail on health grounds, Kanu fled the country in September 2017 after the military invaded his family’s home in Afara-Ukwu, near Umuahia, Abia State.

The situation led the Federal Government to apply for the revocation of his bail, which was granted in 2019 by Justice Binta Nyako of the Federal High Court, Abuja. Besides, the court ordered for the arrest of the IPOB leader, wherever he may be found.

Based on the court’s order, a combined security agents in collaboration with international police, arrested Kanu and forcefully brought him back to Nigeria to continue his trial.

At the last proceedings in June, Justice Nyako declined to admit Kanu to bail, as well as refused to order his remand at a correctional centre, maintaining that the DSS’ custody is the proper place for the defendant.

However, the judge ordered the DSS to provide the applicant with a clean room where he can meet with his lawyers, who must not be more than five at a time.