Justice Binta Nyako said she is going to “rescue” herself from Nnamdi Kanu’s case after he requested her removal, citing a loss of confidence in the court.
Kanu made the request during his trial on Tuesday, September 24, accusing the judge of not following a Supreme Court order and expressing dissatisfaction with her handling of his case.
In her response, Justice Nyako agreed to withdraw from the case and announced that she would return the case file to the chief judge for reassignment.
Kanu had stood up during the hearing, telling his lawyer to sit down as he directly addressed the judge.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
He referenced the Supreme Court’s decision, which raised questions about the court’s jurisdiction over the case.
Speaking further, Kanu 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.”
He also read a part of the judgment of the Supreme Court, where alleged bias against Justice Nyako was raised.
The government’s lawyer, Adegboyega Awomolo, stated he was ready to proceed with the trial but acknowledged that it couldn’t move forward under the current circumstances.
Despite his attempt to continue, Justice Nyako insisted on her decision to recuse herself.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
Nnamdi Kanu, who was re-arrested in Kenya in 2021 and brought back to Nigeria on terrorism charges, has been held by the Department of State Services.
Although he has pleaded not guilty, his earlier bail was revoked after he failed to adhere to its conditions.
This comes a few months after Justice Binta Nyako dismissed a fresh bail application filed by Nnamdi Kanu.
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