“The prosecution and this court do not know the law. That is the fact. Poor knowledge of the law is killing Nigeria. This is a federal gazetted law of Nigeria that the Chief Judge cannot tell Binta Nyako what to do. It’s here. It’s your law, just obey it. That is why I do what I do. I agitate for Biafra. It’s my right to agitate. They turned it (case) from treasonable felony to terrorism.”
These were the exact words of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), with which he took on Justice Binta Murtala Nyako, Justice of the Federal High Court, Abuja, on Monday, assailing her for allegedly insisting on going ahead with his trial, despite earlier recusing herself from the case.
Kanu, who was first taken to Nyako in 2017, was returned before her court after he was grabbed in Kenya and returned to Nigeria, by the nation’s security forces, in an operation his lawyers described as forceful rendition, in 2021, has been insisting that the judge had expressed bias in the matter and should discontinue.
On Monday, at the resumed sitting, the IPOB boss, who had escaped the country, in September 2017, after enjoying some months of respite, following the bail granted him by the same Nyako, and later reappeared in the UK, from where he continued attacking the person of Muhammadu Buhari, former Nigerian President, continued to express his discontent about the way his matter was being handled.
He directly accused Nyako of having a personal interest in the matter, saying she was desperate to convict him, because of the interest of her family members, currently facing corruption charges from the Nigerian government, adding that he had already petitioned the National Judicial Council (NJC) on the matter.
Questioning the jurisdiction of his alleged terrorism case when he re-appeared before Justice Binta Nyako of the Federal High Court for the resumed hearing of his protracted case, the IPOB leader insisted that she no longer had jurisdiction over his case due to her earlier recusal.
Following an oral application by the IPOB leader on September 24, 2024, Nyako had actually caved in and excused herself from the matter, but John Tsoho, Chief Judge of the Federal High Court, had returned the file on the matter to her on the ground that she had already gone far and that no other judge was ready to take over.
Monday’s continuation of the case before Nyako, was based on a letter dated December 5, 2024, to the Deputy Chief Registrar, Adegboyega Awomolo, where the prosecution counsel, asked the court to fix a date for the commencement of the trial, even after Aloy Ejimakor, Kanu’s lawyer, in his own letter dated December 9, 2024 had insisted that the recusal of the judge remained valid.
Though 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, his submission was rejected, but instead got notice of the new adjourned date for Monday.
Nyako, who explained her reason for continuing the case was because the Chief Judge had not accepted her recusal and had referred the case back to her, asked the defence team to come up with a written application if they still insisted on the recusal, with Awomolo, insisting the prosecution was ready for the commencement of trial as his witnesses were ready.