Court adjourns trial indefinitely as Kanu queries judge’s jurisdiction
![Nnamdi Kanu](https://guardian.ng/wp-content/plugins/ventra-lazy-load/images/1x1.trans.gif)
Photo: AFP
Justice Binta Nyako of the Federal High Court, Abuja, yesterday, indefinitely adjourned the trial of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The decision follows Kanu’s insistence that Nyako cannot preside over his case, citing her previous recusal.
Kanu, yesterday, questioned the jurisdiction of Justice Nyako about trying him.
The IPOB leader directly told Justice Nyako that he no longer trust her handling of his trial, and asked her to recuse herself.
The Judge granted the request 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 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, returned 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, Adegboyega Awomolo, 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, defence counsel Aloy Ejimakor, in a letter dated December 9, 2024, said Justice Nyako’s ruling 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 that was not granted.
At yesterday’s resumed hearing, 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 prepare a written application if they still insist on the recusal.
Earlier, 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, saying that he does not recognise the authority of the court presided by Justice Nyako in his case.
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