“I hereby recuse myself and remit the case file back to the Chief Judge,” were the words with which Binta Murtala Nyako, on Tuesday, opted out of further hearing of the case on Nnamdi Kanu, Leader of the Indigenous People of Biafra (IPOB), which she has been handling for the past eight years now, bringing to a close a chapter in the legal episode that started since 2016, when he was first charged for treason.
Nyako, of the Federal High Court, Abuja, it was who granted the IPOB boss bail in 2017, before he fled the country to Britain in what he explained was a bid to save his life after a contingent of soldiers of the Nigerian Army reportedly raided his home in Afara-Ukwu, a community in Umuahia, capital of Abia State.
But, following his arrest in Kenya, from where he was forcefully returned home in 2021, the Biafran agitator, who has remained in the facility of the Department of State Services (DSS), where he has been detained, returned to the same court the same court, where he has been on trial on multiple allegations including treasonable felony.
On Tuesday, at the resumed hearing, the IPOB leader, he had lost confidence in her, because she has refused to obey orders of the Supreme Court, asking her to rescue herself from his case as a result.
Nyako, who said she would be happy to excuse herself, after Kanu made the allegation on open court, added that she had no problem with his request, stating that she would be returning the case file to Chief Judge of the Federal High Court for reassignment and further necessary actions.
In the drama that ensued during the court session, Kanu had ordered his counsel, Alloy Ejimakor to sit down after he stood up from the dock to address Justice Nyako, stressing on the decision of apex court’s decision that questioned the jurisdiction of where the alleged broadcast that the federal court was charging him on was made, yelling from the doc: “Sit down! I say you should sit down!
“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. I can understand it if the DSS refuses to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable. I am asking you to recuse yourself from this case. I won’t stand trial in an unjust court.
After the engagement, Adegboyega Awomolo, lawyer to the Federal Government, told the court that he was ready for the commencement of trial, but that it could not hold under the present circumstance, even though he urged Nyako to proceed with the trial, which she declined adding that she had been minded to recuse herself from the case.