A Federal High Court in Abuja has indefinitely adjourned further proceedings in the treason trial of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Binta Nyako ruled yesterday after Kanu questioned the judge’s jurisdiction to further preside over his trial.
The prosecuting counsel, Adegboyega Awomolo (SAN), said the prosecution filed and served all necessary documents and was ready to proceed with the trial.
Defence lawyer, Aloy Ejimakor, said the issue before the court was not about proceeding with the trial.
Justice Nyako intervened and said although she had earlier recused herself from the case, the Chief Judge turned down her decision to withdraw from the case.
According to her, the CJ also directed that the defendant should file a formal motion asking for the reassignment of the case to another judge.
While Awomolo and Ejimakor were arguing on whether or not a formal motion was necessary, as directed by the Chief Judge, Kanu, who had sat quietly in the dock, suddenly interjected and demanded to be allowed to speak.
Asked by Justice Nyako whether it was his intention to take over the conduct of his case from his lawyer, Kanu said: “Yes, I want to take over.”
The defendant said he only agreed to attend court because of the respect he has for the court.
He argued that Justice Nyako no longer has the jurisdiction to preside over his trial since she earlier recused herself from the case in September last year.
Kanu then turned to the prosecuting lawyer saying: “A grown-up man like you, who should be in the village and, who should be making sure that things are done properly is here subverting the law.”
He then returned his attention to the judge and said: “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?”
Kanu argued that the memo by the CJ returning the case file to Justice Nyako, cannot override the enrolled order of the court made on September 24 (with which Justice Nyako recused herself from the case.)
When told by Justice Nyako that he was at liberty to appeal the directive of the CJ, 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.”
Awomolo asked the court to fix a date for trial, adding: “In view of the fact that the defendant has indicated that he will not make a formal application, I apply that your lordship gives us a definite date to be fixed for trial.”
