The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, Monday, questioned the jurisdiction of Justice Binta Nyako of the Federal High Court, Abuja to try him in the alleged terrorism charge preferred against him by the Federal Government.
The IPOB leader had directly told Justice Nyako that, he no longer had confidence in her handling of his trial and asked her to recuse herself from his trial, a request which the Judge granted and remitted the case file to the Chief Judge of the Federal High Court, Justice John Tsoho for reassignment to another Judge
Despite Kanu’s insistence on Monday that Justice Nyako has no jurisdiction over his case, the judge adjourned the matter indefinitely.
Kanu, who had been in the custody of the Department of State Services (DSS) since June 2021 is being tried for alleged terrorism. His trial was stalled after Justice Nyako recused herself from the case following an oral application he (Kanu) made on September 24, 2024.
However, the Chief Judge of the Federal High Court, John Tsoho, reverted the case file to Justice Nyako on the ground that Kanu’s application must be brought formally before the court through a motion on notice.
Consequently, in a letter dated December 5, 2024, addressed to the Deputy Chief Registrar, Chief Adegboyega Awomolo, SAN, the prosecution counsel, asked the court to fix a date for the commencement of the trial of the IPOB leader.
Opposing the request for a trial date, the defence counsel, Aloy Ejimakor, in a letter dated December 9, 2024, said the ruling of Justice Nyako recusing herself remains valid.
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, a request which was not granted.
At the resumed hearing on Monday, Justice Nyako said the Chief Judge had not accepted her recusal and had referred the case back to her.
She asked the defence team, led by Aloy Ejimakor to come up with a written application if they still insist on the recusal.
Earlier, the Prosecution counsel led by Chief Adegboyega Awomolo, SAN said they were ready for the commencement of trial as his witnesses were ready.
Addressing the court, a furious Kanu questioned why he was brought before Justice Nyako. He said all that the judge said was meaningless to him and that, he does not recognise the authority of the court presided by Justice Nyako in his case.
The IPOB leader said he was only in court because of the respect he has for the rule of law, adding that the judge had previously recused herself from the case.
Kanu said he was not happy with the decision of the Chief Judge who returned the case to Justice Nyako, insisting that the prosecution could not prosecute him.
The prosecution counsel, Chief Awomolo who took an objection to Kanu’s remarks, asked for a definite date for the hearing and added that it was not right for Kanu to insult the court.
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