Nnamdi Kanu, the leader of the outlawed Indigenous People of Biafra (IPOB), questioned the jurisdiction of his purported terrorism prosecution when he re-appeared before Federal High Court Justice Binta Nyako on Monday for the resumed hearing of his lengthy case.
The IPOB leader was unhappy that Justice Binta Nyako was given back the case by Chief Judge John Tsoho of the Federal High Court.
Justice Nyako postponed the case indefinitely, despite Kanu’s protests that he had no jurisdiction over it.
Since his arrival in Nigeria in June 2021, Kanu has been held and put on trial for terrorism-related charges. After the defendant filed an oral application on September 24, 2024, Justice Nyako recused herself from the case, which caused his trial to be postponed.
The IPOB leader had directly told the judge that he no longer had confidence in her handling of his trial.
However, the Chief Judge of the Federal High Court, John Tsoho, reverted the file to Nyako on the ground that Kanu’s application must be brought formally before the court through a motion on notice.
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Consequently, in a letter dated December 5, 2024, addressed to the Deputy Chief Registrar, Adegboyega Awomolo, the prosecution counsel asked the court to fix a date for the commencement of the trial.
Opposing the request for a trial date, the defence counsel, Aloy Ejimakor, in a letter dated December 9, 2024, said the ruling of the judge recusing herself remained valid.
Subsequently, 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 prayer, however, did not see the light of day.
At the resumed hearing on Monday, February 10, 2025, 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 Ejimakor to come up with a written application if they still insist on the recusal.
Earlier, the prosecution counsel, led by Adegboyega Awomolo, 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. He said he does not recognise the authority of the court presided over by Justice Nyako over him.
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 cannot prosecute him.
The IPOB leader insisted that Justice Nyako is biased over his case and should not preside over his case. He said poor knowledge of the court is affecting Nigeria.
Despite Kanu’s objection, Justice Nyako adjourned his case indefinitely.
