At the resumed hearing in the trial of the proscribed leader of the Indigenous People of Biafra, Nnamdi Kanu, at the Federal High Court in Abuja on Tuesday, Justice Binta Nyako, said she is going to recuse herself from the trial.
Recuse, as defined by the Oxford dictionary, means to challenge (a judge, prosecutor, or juror) as unqualified to perform legal duties because of a potential conflict of interest or lack of impartiality.
Nyako’s response to recuse herself from the trial followed Kanu’s request in the open court that the trial judge recuse herself from his trial since she has refused to obey the orders of the Supreme Court.
Kanu is being prosecuted by the federal government on a seven-count bordering on terrorism.
Kanu stated that he had lost confidence in the court and that the trial judge should recuse herself from his trial.
Meanwhile, Justice Nyako replied that she would be happy to do just that. She added that she would be sending Kanu’s case file back to the Chief judge for it to be reassigned.
Meanwhile, Kanu ordered his counsel Alloy Ejimakor to sit down while he was trying to persuade the court to suspend the trial on the basis that his client was denied the opportunity to prepare his defense.
Kanu referred to the Supreme Court judgement where alleged bias against the judge was raised.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
Speaking further he said “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 refuse 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”.
The prosecution counsel, Adegboyega Awomolo, (SAN), however, tried to urge Justice Nyako to proceed with the trial, but she responded that she had been minded to recuse herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
