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Justice John Tsoho, the Chief Judge of the Federal High Court (FHC), has reassigned the case of Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), back to Justice Binta Nyako. This follows Justice Nyako’s recusal from the case on September 24, after oral applications by Kanu and his lawyer, Aloy Ejimakor.
Reports indicate that Justice Tsoho’s decision to return the case to Justice Nyako comes with a condition: Kanu must file a formal motion outlining the reasons why he no longer wishes to stand trial before Nyako. The Federal Government, through the Office of the Attorney-General, will then be served with a copy of the motion to allow the prosecution to respond, and the court will make a ruling after hearing from both sides.
This case has seen multiple judges before being assigned to Justice Nyako. Kanu had previously rejected two judges, including Justice Ahmed Mohammed and Justice Tsoho, before Nyako took over the trial.
At the last hearing, Federal Government counsel Adegboyega Awomolo, SAN, informed the court that the session was scheduled for a continuation of the trial. However, Kanu’s lawyer, Ejimakor, requested an adjournment, citing two pending appeals challenging the court’s jurisdiction. Awomolo argued that the trial should not be delayed due to the appeals, suggesting that the defense could file for a stay of proceedings in the appellate court.
Justice Nyako ruled that no applications would be considered until after the trial concluded, urging both parties not to delay proceedings. Ejimakor, however, insisted that it was improper to proceed without adequately preparing his client for defense, claiming that court orders allowing Kanu to prepare had not been followed.
The courtroom took a dramatic turn when Kanu, visibly upset, interrupted his lawyer and demanded that he sit down. Kanu voiced his frustration with the court, claiming that his rights, as upheld by the Supreme Court, were being violated. He then called for Justice Nyako to step down from the case, accusing her of failing to abide by the Supreme Court’s ruling.
Awomolo, representing the Federal Government, countered Kanu’s assertions, arguing that the Supreme Court had, in fact, instructed the lower court to proceed with the trial. Justice Nyako stated that there was nothing in the Supreme Court’s judgment that supported Kanu’s claims and expressed surprise at his outburst in court.
In response to Kanu’s request, Justice Nyako recused herself from the trial, handing the case back to the Chief Judge for further action. She explained that she could not continue with the trial if the defendant had no confidence in the court. Awomolo thanked the judge, expressing regret over the developments of the day.
