Real reason Justice Nyako wants to preside over my trial despite recusal – Nnamdi Kanu

Nnamdi Kanu, leader of the outlawed Indigenous People of Biafra (IPOB), has accused Justice Binta Nyako of the Federal High Court, Abuja, of insisting on presiding over his trial because of ongoing corruption cases against her husband and son.

Mr Kanu spoke on Monday when he appeared in court for his resumed trial.

A video clip that showed him making accusations against the judge has been circulating on social media, mainly Facebook.

“Justice Binta Nyako is using her position for personal gain. Her son and her husband are facing corruption charges. And they (the Nigerian Government) told them (the judge and the court) that if they convict me (they will free the son and the husband).

“They (Nigerian Government) sent her to my case so they can release or smoothen the pathway for the husband and the son,” Mr Kanu said.

However, the IPOB leader did not mention details of the corruption cases or the names of the judge’s husband and son.

Why I insist on her recusal – Kanu

During the court’s last hearing on 24 September 2024, Mr Kanu requested that Mrs Nyako recuse herself from presiding over the matter, accusing her of bias.

The judge subsequently announced her withdrawal from the matter, but the Chief Judge of the Federal High Court later reassigned the matter to Mrs Nyako.

Since then, Mr Kanu and his team of lawyers have repeatedly opposed Mrs Nyako from sitting over the case.

At the resumed hearing on Monday, Mr Kanu, in the clip recorded within court premises, said he had been insisting on Mrs Nyako’s recusal because the judge disobeyed a Supreme Court ruling that ordered his bail to be restored.

“There’s a breach of judicial oath. They (Mrs Nyako and the court) have violated their judicial oath (because) they have shown bias, according to the Supreme Court,” the IPOB leader said, ignoring nudges from his lawyers.

“The Supreme Court said you’re biased. You’re against me. You should not have my bail. The Nigerian Government went to Kenya and kidnapped me. These things are in the public domain. Why, therefore, are they insisting on trying me?” he stated.

“A court order was entered. In that very court order, it was said very clearly and succinctly that she (Mrs Nyako) is no more going to try me. Why are they insisting, I ask? Because they have no case against me and they know it.”

‘Poor knowledge of the law is killing Nigeria’

Mr Kanu, at the court, also faulted the chief judge of the Federal High Court for reassigning his case to Mrs Nyako despite her recusal.

“The prosecution and this court don’t know the law, and that’s the fact. Poor knowledge of the law is killing Nigeria,” he began.

Pulling out hard copies of a paper, he said, “This is a federal gazetted law of Nigeria that says here that the chief judge of Nigeria cannot tell Binta Nyako what to do.

“It is here. It is your law. Just obey it.”

Mr Kanu said he would no longer recognise whatever Mrs Nyako says because she has no “jurisdiction” to preside over his case.

“She stands recused from my case and cannot try me. I came here (in the court) out of courtesy and respect,” he said.

The IPOB leader said he is agitating for Biafra’s independence from Nigeria because he has the right to do so.

Background

Mr Kanu was first arrested in 2015 under the administration of former Nigerian President Muhammadu Buhari.

The Court of Appeal, Abuja, on 13 October 2022, held that the IPOB leader was extraordinarily renditioned to Nigeria and that the action violated the country’s extradition treaty and also a breach of his fundamental human rights.

The court, therefore, struck out the terrorism charges filed against Mr Kanu by the Nigerian government and ordered his release from the facility of the State Security Service

But the government refused to release the IPOB leader, insisting that he (Kanu) could be unavailable in subsequent court proceedings if released and that his release would cause insecurity in the South-east, where he comes from.

The government, through the office of the Attorney-General of the Federation, later appealed the court ruling and subsequently obtained an order staying the execution of the court judgement at the Supreme Court.

Delivering judgement on the appeal on 15 December 2023, the Supreme Court reversed the acquittal granted to Mr Kanu by the lower court and consequently ordered the continuation of his trial at the Federal High Court Abuja.