From Godwin Tsa, Abuja
The Federal High Court sitting in Abuja has adjourned indefinitely the terrorism trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, after he questioned the trial judge’s impartiality.
Justice Binta Nyako announced the indefinite postponement of the proceedings following Kanu’s expression of lack of confidence in her handling of the case.
Kanu stated during the proceedings that he was “not happy with the decision of the Chief Judge” returning the case to Justice Nyako. He added that he was only in court out of respect for the rule of law, insisting that the judge had previously recused herself from the case.
He argued that Justice Nyako no longer had the jurisdiction to preside over his trial, as she had earlier recused herself in September last year.
Kanu then turned to the prosecuting lawyer and said: “A grown-up man like you, who should be in the village making sure things are done properly, is here subverting the law.”
Addressing the judge, he added: “I don’t recognise the authority of this court to preside over my case. Everything you (the judge) said here is meaningless to me. Why is it that when it comes to my case, everything is turned upside down?”
He insisted that the memo from the Chief Judge returning the case file to Justice Nyako could not override the enrolled order of the court made on 24th September, which had recused her from the case.
When Justice Nyako told him he was at liberty to appeal the Chief Judge’s directive, Kanu responded: “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 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.”
Prosecution counsel Adegboyega Awomolo (SAN) objected to Kanu’s remarks and requested a definite date for the hearing. He stated that the Chief Judge returned the case file to Justice Nyako for Kanu to formally raise his objection to her continued handling of the case. Awomolo argued that since Kanu refused to file such an application, it was wrong for him to “insult the court.”
Before the prosecution could conclude, Kanu interjected: “Because of the 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. The same Chief Judge, writing this stupid memo, I have recused him before. He sat on appeal, I took him to the NJC and recused him. Why is he insisting on this one? He wants to embarrass your lordship by asking her to sit on this case.”
Justice Nyako ruled: “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).”
Reacting to the ruling, Kanu said: “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.”
Speaking in the courtroom after the session, Kanu questioned why he was brought before the judge. “Why is it that when it comes to my case, they turn the law upside down?” he yelled.
Pointing at Awomolo, he added, “An old man like this doesn’t know the law. This is the law of Nigeria; the prosecution and this court don’t know the law. Poor knowledge of the law is killing Nigeria.”
Lamenting his prolonged trial and the government’s review of the charges against him, he urged the Nigerian government to obey its own laws. “This is a federal, gazetted law of Nigeria that says the Chief Judge of Nigeria cannot tell Binta Nyako what to do. It is your law; obey it. That is why I do what I do. I agitate for Biafra. I agitate for Biafra by my right to agitate. They turned it from treasonable felony to terrorism,” he said.
Later, an angry Kanu smacked a lawyer in his legal team on the back, chiding him to “stop talking while I’m talking.”