Updated: Justice Binta Nyako Steps Down from Nnamdi Kanu’s Case

Justice Binta Nyako of the Federal High Court in Abuja has recused herself from the ongoing trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB). Kanu, speaking directly from the dock during Tuesday’s court session, expressed his loss of confidence in the judge, accusing her of failing to follow the Supreme Court’s directives.

Kanu’s outburst interrupted the proceedings as his lawyer, Mr. Alloy Ejimakor, was appealing to the court for a suspension of the trial. Ejimakor argued that Kanu had not been given adequate opportunity to prepare his defense. However, Kanu quickly cut him off, instructing him to sit down.

“Sit down! I say you should sit down!” Kanu exclaimed from the dock, before addressing the judge directly. “My lord, I have no confidence in this court anymore 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.”

Kanu’s frustration centered around the court’s alleged failure to honor the Supreme Court’s ruling. In a firm tone, Kanu insisted, “I am asking you to recuse yourself from this case.”

In response, the prosecution counsel, Mr. Adegboyega Awomolo, SAN, urged the court to disregard Kanu’s request. Awomolo pointed out that the Supreme Court had explicitly directed the Federal High Court to continue with the trial based on the pending seven-count charge against Kanu. He argued, “The Justices ordered this court to proceed with the hearing of the charge against the defendant. My lord, you should not recuse yourself on the basis of this mere observation which does not have anything to do with the Supreme Court.”

Kanu, however, was not done. He rose again, this time waving a copy of what he claimed was the Supreme Court’s judgment, reading aloud a portion where the court held that the actions of the trial court “rendered the impartiality of the judge suspect.” He then added, “But my lord, you know that I love you. It is just that this court is allowing the defense to railroad me into a trial that is at variance with every provision of the Constitution.”

After expressing her displeasure with the situation, Justice Nyako declared that she was no longer willing to preside over the case. “I hereby recuse myself and remit the case file back to the Chief Judge,” she ruled, marking the end of her involvement in the high-profile trial.

This latest development follows years of legal battles since Kanu’s first arrest in Lagos on October 14, 2015, upon his return to Nigeria from the United Kingdom. Kanu was initially granted bail on health grounds by Justice Nyako in April 2017, after spending 18 months in detention. However, after soldiers stormed his home in Afara Ukwu Ibeku, Abia State, leading to the deaths of several of his followers, Kanu fled the country. He was later re-arrested in Kenya on June 19, 2021, and extradited to Nigeria in a highly controversial operation.

Since then, Kanu has remained in the custody of the Department of State Services (DSS), while his trial on charges of treason and terrorism has seen numerous legal twists. In October 2022, the Court of Appeal ordered Kanu’s release and quashed the charges against him. The Federal Government, dissatisfied with this ruling, took the case to the Supreme Court. In December 2023, the Supreme Court cleared the way for Kanu’s trial to continue on the remaining seven-count charge, leading to the latest proceedings that have now seen Justice Nyako step aside.