Justice Binta Nyako has said she would recuse herself from the trial of the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.
Justice Nyako said this at the resumed hearing in the trial of Kanu at the Federal High Court in Abuja on Tuesday.
To recuse in this context means to refuse to be a judge (or for a judge to agree to a request by one of the parties to step aside) in a lawsuit or appeal because of a conflict of interest or other good reason (acquaintanceship with one of the parties, for example). It also applies to a judge or prosecutor being removed.
Nyako’s response to recuse herself from the trial followed Kanu’s request in the open court that the trial judge recuse herself from his trial since she has refused to obey the orders of the Supreme Court.
Kanu is being prosecuted by the Federal Government on a seven-count bordering on terrorism.
Kanu stated that he had lost confidence in the court and that the trial judge should recuse herself from his trial.
Meanwhile, Justice Nyako replied that she would be happy to do just that. She added that she would be sending Kanu’s case file back to the chief judge for it to be reassigned.
Meanwhile, Kanu ordered his counsel, Alloy Ejimakor, to sit down while he was trying to persuade the court to suspend the trial on the basis that his client was denied the opportunity to prepare his defence.
Kanu referred to the Supreme Court judgement where alleged bias against the judge was raised.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
Speaking further, he said, “My lord, I have no confidence in this court any more, 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.
“I am asking you to recuse yourself from this case.”
The prosecution counsel, Adegboyega Awomolo, (SAN), however, tried to urge Justice Nyako to proceed with the trial, but she responded that she had been minded to recuse herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
