Justice Binta Murtala-Nyako of the Federal High Court in Abuja on Monday adjourned the trial of leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, indefinitely following Kanu’s insistence that the judge cannot preside over his case.
During the trial on Monday, the prosecution counsel, Adegboyega Awomolo, SAN, told the court that the prosecution have filed and served all necessary processes in the suit and were ready to proceed with trial.
For his part however, Counsel to Kanu, Aloy Ejimakor insisted that, that was not the issue before the court.
Justice Nyako explained that although she does not want to preside over the case, the Chief Judge has refused her recusal and directed the defendant to file a formal motion asking for a re-assignment of the case to another judge.
While the lawyers in the suit argued over whether a formal motion was required, Kanu interjected saying, “I want to speak”.
When asked by the judge if Kanu wanted to take over from his lawyer, the defendant said: “Yes, I want to take over.”
He told the court that he was only in court because of the respect he had for the court but that Justice Nyako no longer had the jurisdiction to preside over his case following her recusal in September 2024.
He said: “I don’t recognise the authority of this court to preside over my case. Everything you said here is meaningless to me. Why is it that when it comes to my case, everything is turned upside-down?”
He said the memo sent by the Chief Judge returning the case file to Nyako cannot override the enrolled order of the court made on September 24.
When told by the judge that he was at liberty to appeal the directive of the chief judge, kanu said: “If the Chief Judge disagrees, he should appeal the decision”.
“You cannot preside over this case, not now, not today, not ever. “You stand recused and you must leave my case. I don’t need you in my case. You are biased. Tell the chief judge that Nnamdi Kanu said so.
“This is not a court of law, this is a shrine to injustice and I will not subject myself to it.”
In his submission, Awomolo asked the court to fix a date for trial.
“In view of the fact that the defendant has indicated that he will not make a formal application, I apply that your lordship give us a definite date be fixed for trial,” Awomolo prayed.
To this, Kanu snapped at Awomolo, saying, “Because of money they are paying you from the AGF’s office, a grown-up man like you is here supporting evil. The rule of law says you should go on appeal,” kanu replied.
In her ruling, Justice Nyako said: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die (indefinitely)”.
Again, Kanu responded to the judge, saying, “You have no jurisdiction to adjourn anything. None whatsoever. You cannot make an order without jurisdiction. The memo from the Chief Judge cannot confer jurisdiction upon you”.
Justice Nyako however adjourned the case indefinitely.