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.
The News Agency of Nigeria (NAN) reports that Justice Nyako had, on Sept. 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 the 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 Sept. 24, 2024, she sent the case file back to the CJ.
“On Oct. 7, 2024, I got a memo from the CJ and it instructs as follows that if the defendant still wants a recusal, he should filed 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 the affirmative.
