Justice Binta Nyako of the Federal High Court Abuja is resuming the trial of the leader of the separatist group, the Indigenous People of Biafra (IPOB) Nnamdi Kanu, a few weeks after recusing herself from the case.
This followed the decision of the Chief Judge of the Federal High Court, Justice John Tsoho,to reject Kanu’s recusal request.
Tsoho has consequently directed that the case file on the trial be returned to Justice Nyako for her to continue hearing the case.
Justice Nyako recused herself from the case on September 24 after Kanu demanded that she should hands off the case, claiming he no longer had confidence in the judge’s ability to ensure fair hearing.
It was learnt that Justice Tsoho directed that Justice Nyako should continue to preside over the case on the condition that Kanu should file a formal application, supported with an affidavit, detailing reasons why he wants his trial to be conducted before another judge.
By Justice Tsoho’s condition, the prosecution is also required to respond to Kanu’s application, following which Justice Nyako will hear the application and give a ruling, deciding whether or not to withdraw.
Justice Tsoho’s condition, it was gathered, was to prevent a repeat of what happened in the money laundering case involving the former Governor of Benue State, Gabriel Suswam, in which the Court of Appeal overruled Justice Ahmed Mohammed, who had withdrawn from the case.
The Court of Appeal was of the view that Justice Mohammed did not withdraw properly because no proceedings were conducted for parties to address the court on whether or not the judge should withdraw.
The September 24th withdrawal by Justice Nyako is the third time a judge would be abandoning the case at the instance of the defendant.
Kanu first appeared before the Federal High Court on December 23, 2015 in relation to the case.
He was taken along with some others, before Justice Mohammed (now a Justice of the Court of Appeal).
Before any steps could be taken in the case, Kanu objected to being tried before the judge, claiming he was not sure he could get justice.
The judge subsequently withdrew from the case, following which it was reassigned to a new judge.
On September 26, 2016, Kanu and his then co-defendants were taken before Justice Tsoho (who was then the second most senior judge of the court).
Justice Tsoho later withdrew from the case following a petition by Kanu’s lawyers to the National Judicial Council (NJC).
In the petition, Kanu’s lawyers accused the judge of making conflicting decisions in an application by the prosecution to be allowed to shield its witnesses from public view, which they claimed would not guarantee fairness and justice for the defendants.
Ruling on September 26, 2016, Justice Tsoho (who is now the court’s Chief Judge) returned the case file to the then Chief Judge, Justice Abdu Kafarati.
The case was subsequently reassigned to Justice Nyako in 2016.
