Mazi Nnamdi Kanu’s on Monday took different dimension as Binta Nyako, judge of a federal high court in Abuja adjourned the trial of the leader of the Indigenous People of Biafra (IPOB), indefinitely.
Nyako adjourned the suit on Monday following Kanu’s insistence that the judge cannot preside over his case since she had recused herself.
9News Nigeria recalls that on September 24, Nyako recused herself from Kanu’s case after an oral application by the defendant.
“I hereby recuse myself and remit the case file back to the chief judge,” she had said.
Kanu directly told Nyako that 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 Nyako on the ground that Kanu’s application must be formally brought before the court through a motion on notice.
Consequently, in a letter dated December 5, 2024, and addressed to the deputy chief registrar, Adegboyega Awomolo, the prosecution counsel, asked the court to fix a date for the commencement of trial.
Opposing the request for a trial date, Aloy Ejimakor, Kanu’s counsel, in a letter dated December 9, 2024 said the ruling of the judge recusing herself remains valid.
Subsequently, Ejimakor asked that the case be transferred to a federal high court in the south-east if no judge in Abuja is willing to preside over it.
At the resumed session on February 10, Awomolo told the court that the prosecution counsels have filed and served all necessary processes in the suit and that they were ready to proceed with trial.
However, Ejimakor insisted that was not the issue before the court.
Nyako explained that although she does not want to preside over the case, the chief judge has refused her recusal and directed the defendant to file a formal motion asking for a reassignment of the case to another judge.
While the lawyers in the suit argued over whether a formal motion was required, Kanu interjected: “I want to speak”, he hollered.
Asked by the judge if he wanted to take over from his lawyer, the defendant said: “Yes, I want to take over.”
The separatist said he was only in court because of the respect he had for the court, but that Nyako no longer had the jurisdiction to preside over his case following her recusal in September.
Raging at the prosecution counsel, Kanu said: “A grown-up man like you who should be in the village and who should be making sure that things are done properly is here subverting the law.”
Addressing the judge, he bellowed: “I don’t recognise the authority of this court to preside over my case. Everything you said here is meaningless to me.
“Why is it that when it comes to my case, everything is turned upside-down?”
He said the memo sent by the chief judge returning the case file to Nyako cannot override the enrolled order of the court made on September 24.
When told by the judge that he was at liberty to appeal the directive of the chief judge, Kanu said: “If the chief judge disagrees, he should appeal the decision.
“You cannot preside over this case, not now, not today, not ever. You stand recused and you must leave my case. I don’t need you in my case. You are biased. Tell the chief judge that Nnamdi Kanu said so.
“This is not a court of law, this is a shrine to injustice and I will not subject myself to it.”
In his submission, Awomolo asked the court to fix a date for trial.
“In view of the fact that the defendant has indicated that he would not make a formal application, I apply that your lordship gives us a definite date for trial,” Awomolo prayed.
“Because of money they are paying you from the AGF’s office, a grown-up man like you is here supporting evil. The rule of law says you should go on appeal,” Kanu replied.
“The same chief justice writing this stupid memo, I have recused him before. He sat on appeal, I took him to NJC and recused him. Why is he insisting on this one? He wants to embarrass your lordship by asking her to sit on this case.”
In her ruling, Nyako said: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die (indefinitely).”
“You have no jurisdiction to adjourn anything. None whatsoever. You cannot make an order without jurisdiction. The memo from the chief judge cannot confer jurisdiction upon you,” Kanu barked at the judge.
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