Justice Binta Nyako of a Federal High Court in Abuja, on Monday, adjourned the trial of Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), indefinitely.
Justice Nyako gave the order after Kanu and his counsel, Aloy Ejimakor, insisted that the trial judge no longer had jurisdiction to preside over the case following her earlier recusal (withdrawal) from the matter.
Justice Nyako had, on September 24, 2024, recused (withdrew) herself from the trial of Kanu, after an oral application from the defence and the case file was transferred to the chief judge.
However, the Chief Judge (CJ) of FHC, Justice John Tsoho, sent the Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.
When the matter was called on Monday, counsel to the Federal Government, Chief Adegboyega Awomolo, SAN, informed the court that the case was for resumption of Kanu’s trial.
“Your lordship will recall that on the last date of hearing, there was an oral application that your lordship should recuse yourself and the file be remitted back to the CJ.”
“The CJ, who has the power, has sent back the file. We are ready to proceed with the trial and our witnesses are ready too.
“In obedience to your lordship order, the proof of evidence and relevant documents have been served on the defence and we are ready to go on,” he said.
Hardly had Awomolo ended his statement when Ejimakor interjected.
“My lord, this honourable court has recused itself from the case and my lord has to tell us, first, why we are here before the learner silk could talk.
“We don’t know why we are here because this court stands recused by the extant order,” Ejimakor said.
Justice Nyako then explained that on September 24, 2024, she sent the case file back to the CJ.
“On October 7, 2024, I got a memo from the CJ and it instructs as follows that if the defendant still wants a recusal, he should file a formal application by way of motion on notice.
“It was minuted to me by the CJ. The CJ has not accepted by recusal and has minuted the file back to me.
“So, if you still want a recusal, you will file a motion on notice and the prosecution will join issues with you and it will be adjourned for ruling.
“I have so many cases before me so it is not as if I am begging for a case,” the judge said.
Responding, Ejimakor disagreed with Justice Nyako.
“With due respect, even though we do not have the privy of the memo from the chief judge, the chief judge does not have the judicial power above this court.
“The CJ is just the first among equals and his memo cannot override the subsisting order of this court that has been enrolled.
“An ordinary administrative memo should not be allowed to override the order of this court. The order stands and we are guided by it,” Ejimakor insisted.
“My advice is that you should go and file a formal application irrespective of your position.
“The power vested in the CJ are not vested in me. He has the power to assign cases in line with the law.
“You are just stalling your client’s case. File everything you want to and the prosecution will join issues with you,” the judge told Ejimakor.
Ejimakor argued that there was no rule of the court that mandated a party to file an application when a recusal had already been done.
While Ejimakor was addressing the court, Kanu cut in and asked his lawyer to keep quiet and sit down.
“Mr Kanu, are you taking over from your lawyer?” Justice Nyako asked and the IPOB leader responded in affirmative.
Awomolo, who expressed surprise at the development, said he was embarrassed by the proceedings.
The FG’s lawyer said after the explanation by the judge, the proper thing to do by Ejimakor was to either indicate if he would be filing a formal application or not.
Ejimakor stood up to respond to Awomolo’s submission but the judge told him: “Mr Aloy, you have been disengaged. Don’t say anything.”
Kanu then stood up from the dock to address the court.
The IPOB leader insisted that his trial can no longer be before the judge.
Turning to Chief Awomolo, Kanu said: “The Chairman of Body of Benchers is here distorting the laws.
“This man is a grown up man and should be upholding the law.
“Why is he turning the law upside down? I came here because of the respect I have for you (the court). God is my witness.”
“I have not said anything that is contrary to anything. I sent the case file to CJ and he sent it back to me,” Justice Nyako restated.
“But he (the CJ) is wrong. The CJ supposed to go on appeal because you cannot preside over my case again; not today and not tomorrow.
“Why must he insist that you must be on my case? You are bias. So, I don’t want you on my case again. You stand recused,” Kanu said angrily.
Against the development, Awomolo therefore applied for a trial date.
“In view of the fact that the defendant has said that he will not make a formal application, I apply that my lord give a date for hearing,” the senior lawyer said.
Responding, Kanu said a memo from the CJ cannot override the order of the court.
He recalled that Justice Tsoho, who is presently the CJ, had once presided over his case and he applied that he recused himself from his case.
Kanu said during the time, he took Justice Tsoho to National Judicial Council (NJC) and he won, leading to Justice Tsoho’s withdrawal from his case.
“Why is he insisting that his lordship should continue even after recusing herself?
“Can a memo from the CJ overrides court order? The answer is no.
“Justice Binta stands recused,” he said.
The IPOB leader, who brought out some documents, said: “This is a National Judicial Policy of Nigeria. Please give it to Chief Awomolo, it seems he doesn’t know the law.
“The rule of law is once an order of court is made, it can only be set aside on appeal. Please give him a copy.
“It seems he doesn’t know. If you don’t like what Justice Nyako has done, go on appeal. She is functus officio. Stop wasting your time.”
When the judge said she would adjourn the case sine die (indefinitely) pending when the parties agree, Kanu said: “You cannot adjourn this case sine die because you have no jurisdiction to adjourn sine die.”
Justice Nyako consequently adjourned the matter sine die (indefinitely).
“The case is now in limbo. I have to adjourn sine die,” she said.
However, Kanu kept shouting in the court: “Why must you insist you must take it. You have an agenda.”
Kanu is facing a seven-count terrorism charge.
