Justice Binta Nyako to withdraw from Nnamdi Kanu’s trial
During the resumed hearing of Nnamdi Kanu’s trial at the Federal High Court in Abuja on Tuesday, Justice Binta Nyako announced her decision to recuse herself from the case.
To “recuse” means that a judge steps aside from a lawsuit or appeal due to a conflict of interest or other valid reasons, such as familiarity with one of the parties involved.
Justice Nyako’s decision came in response to Kanu’s request in open court, where he argued that she should withdraw from the trial for allegedly refusing to comply with orders from the Supreme Court.
Kanu is currently facing prosecution by the Federal Government on seven counts related to terrorism.
Kanu expressed that he had lost confidence in the court and requested that the trial judge recuse herself from his case.
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In response, Justice Nyako stated that she would be glad to do so and mentioned that she would be sending Kanu’s case file back to the chief judge for reassignment.
During the proceedings, Kanu instructed his counsel, Alloy Ejimakor, to sit down as he sought to persuade the court to suspend the trial, arguing that he had been denied the opportunity to adequately prepare his defense.
Kanu referred to the Supreme Court judgment 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.
Proofreading by Uchechi Ojo, Sub-editor at Neptune Prime.
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