The trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), was adjourned indefinitely on Monday by the Federal High Court in Abuja.
The adjournment came after Kanu and his lawyer, Aloy Ejimakor, argued that the trial judge, Justice Binta Nyako, no longer had jurisdiction to oversee the case following her earlier recusal.
On September 24, 2024, Justice Nyako had voluntarily stepped down from the trial after the defense filed an oral application, and the case file was transferred to the court’s chief judge.
However, Justice John Tsoho, the chief judge of the Federal High Court, disagreed with the recusal and returned Kanu’s case file to Justice Nyako for further proceedings. He insisted that the defense must submit a formal application for recusal before the judge’s withdrawal could be finalized.
Court proceedings begin
As proceedings commenced, prosecuting counsel, Adegboyega Awomolo (SAN), confirmed that all necessary documents had been filed and served, and the prosecution was ready to move forward with the trial.
Defence counsel, Aloy Ejimakor, responded by stating that the issue before the court was not the progression of the trial itself.
Judge’s recusal
At this point, Justice Nyako intervened, explaining that while she had initially recused herself from the case, the court’s Chief Judge had overruled her decision to withdraw. She directed that the defendant file a formal motion requesting the reassignment of the case to another judge.
While Awomolo and Ejimakor debated the necessity of the motion, Nnamdi Kanu, who had been quietly seated in the dock, interjected and demanded to speak.
Kanu seeks to represent himself
When asked by Justice Nyako if he intended to take over his legal representation, Kanu replied, “Yes, I want to take over.” He elaborated, stating that his decision to attend court was out of respect for the judiciary, but he believed Justice Nyako no longer had jurisdiction over his case due to her previous recusal in September of the prior year.
Exchange between Kanu and prosecutor
Kanu then turned to Awomolo, saying: “A grown man like you, who should be in the village, ensuring things are done properly, is here subverting the law.”
He then addressed Justice Nyako directly: “I do not recognize the authority of this court to preside over my case. Everything you say here is meaningless to me. Why is it that when it comes to my case, everything is turned upside down?”
Kanu further argued that the memo from the Chief Judge, which returned the case file to Justice Nyako, could not override the order made on September 24, when she had initially recused herself.
When Justice Nyako informed Kanu that he was free to appeal the Chief Judge’s directive, he retorted, “If the Chief Judge disagrees, he should appeal the decision.”
Kanu rejects Judge’s authority
Kanu continued his remarks, declaring: “You cannot preside over this case—not now, not today, not ever. You stand recused and must leave my case. I don’t need you. You are biased. Tell the Chief Judge that Nnamdi Kanu said so.”
He further added: “This is not a court of law. This is a shrine to injustice, and I will not subject myself to it.”
Prosecution requests trial date
In response, Awomolo urged the court to set a trial date, stating: “Since the defendant has indicated he will not make a formal application, I respectfully request that your lordship set a definite trial date.”
Before Awomolo could finish, Kanu interjected again, accusing the prosecutor of being motivated by financial compensation: “Because of the money you’re getting from the AGF’s office, a grown man like you is supporting evil. The rule of law says you should go on appeal.”
Kanu also criticized the Chief Judge’s actions: “The same Chief Judge who issued this absurd memo—I’ve recused him before. He sat on an appeal, and I took him to the NJC. Why is he insisting on this now? He wants to embarrass your lordship by having her sit on this case.”
Judge adjourns
In her ruling, Justice Nyako stated: “Given the current situation in court, the only decision I can make is to adjourn this case sine die (indefinitely).”
In response to the judge’s decision, Kanu said, “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.”
