A JUDGE of a Federal High Court in Abuja, Binta Nyako, has adjourned the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) indefinitely.
Nyako adjourned the suit on Monday, February 10, following Kanu’s insistence that the judge could not preside over his case since she had recused herself.
Kanu challenged Nyako to take a definitive stance regarding his detention, specifically requesting that she either restore his bail conditions or order his release from custody.
Kanu stressed that Nyako lacked the jurisdiction to review or revisit his case, owing to her prior recusal from the case.
Nyako had initially recused herself from Kanu’s trial on September 24, 2024, in response to a request from the defendant, who had expressed a lack of confidence in her ability to preside over the case impartially.
Following her recusal, the case file was returned to the Chief Judge of the Federal High Court, Justice John Tsoho, for reassignment.
However, in a subsequent development, the case file was returned to Nyako, who has since been asked to continue the trial.
The ICIR reported that Nyako stepped down as the judge handling Kanu’s trial when Kanu declared he no longer trusted the judge and challenged her to step down.
Kanu is facing a seven-count charge bothering on terrorism, brought against him by the Nigerian Government.
The charges against him include treason, inciting public violence through radio broadcasts, and defamation of Nigerian authorities.
Kanu’s troubles began in 2015 when he was arrested by Nigeria’s secret police, the State Security Service (SSS), in Lagos State.
He was granted bail but later fled Nigeria after his home was raided by the Nigerian military in September 2017.
In June 2021, Kanu was rearrested from Kenya and extradited to Nigeria to face trial.
The trial, which began in October 2021, has been marked by protests and sit-at-home in the South-East by his supporters.
In October 2022, the Abuja Division of the Court of Appeal discharged and acquitted him.
The appellate court set aside the judgment of an Abuja Federal High Court, which ordered him to answer seven out of the 15 counts of terrorism filed against him.
Nyako had, in a judgment in April 2022, struck out eight of the 15 counts in the charge preferred against the IPOB leader.
The judge, however, held that Kanu had some questions to answer in counts 1, 2, 3, 4, 5, 8, and 15 of the charge.
But Kanu, through his team of lawyers led by Mike Ozekhome, a senior advocate, filed an appeal to quash the remaining seven counts for lack of merit.
In its ruling in October 2022, the Court of Appeal agreed with Kanu’s counsel that the IPOB leader was illegally abducted and extra-ordinarily renditioned from Kenya to Nigeria, against international and local laws.
The Court of Appeal further held that Kanu’s alleged offences took place in Kenya and not in Nigeria. The court ordered Kanu’s release from custody.
But in a new twist, the Court of Appeal, on October 28, 2022, stayed the execution of its earlier order, acquitting Kanu of all charges and directing his release from custody.
The development forced the IPOB leader to file an appeal at the Supreme Court to challenge the decision.
A reporter with the ICIR
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