“Step aside from this case” Kanu urges Justice Nyako for disobeying S’court’s order
The leader of the Indigenous People Of Biafra (IPOB) has made an application to the presiding Judge over his case with the federal government of Nigeria, Justice Binta Nyako of the Abuja Division of the Federal High Court to rescue herself from his court case with the federal government of Nigeria.
Kanu accused Nyako of being biased in delivering judgement.
Kanu made the appeal in his oral applications alongside his lawyer, Aloy Ejimakor, upon resuming hearing in the seven-count terrorism charge filed by the federal government
During the resumed hearing today, Tuesday, the government’s lawyer, Adegboyega Awomolo, said the matter was a continuation of trial, and he was ready to proceed. But Mr Ejimakor asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.
Mr. Awomolo argued that a criminal trial could not be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.
The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.
However, Mr. Ejimakor insisted that continuing the trial was inappropriate when he had not adequately prepared his client. He asserted that all court orders directing that his client be allowed to prepare for his defence had allegedly been disobeyed.
Ms Nyako then directed that a prosecution witness be called. While Mr Ejimakor was addressing the court, Mr Kanu stood up from his seat in the dock and ordered him (Mr Ejimakor) to sit down in anger.
Kanu, standing in the dock, referred to the Supreme Court’s judgment, questioning the federal court’s jurisdiction over the charges against him, particularly in relation to the location of the alleged broadcasts forming part of the case.“Sit down! I told you to sit down!” Kanu yelled at his lawyer before turning to the judge. “My lord, I no longer have confidence in this court. You failed to follow the Supreme Court’s ruling, and I respectfully request that you step aside from this case.”
He insisted that the Supreme Court had ruled that the detaining authority should not violate his fundamental rights, especially regarding access to his lawyers.
Turning to Ms Nyako, the IPOB leader said, “My lord, I have no confidence in this court anymore 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.”
Although the federal government lawyer, Adegboyega Awomolo, SAN, objected to Kanu’s request, the Judge insisted on recusing herself.
But Mr Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023. He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.
He stated that Mr Kanu’s claims did not align with the Supreme Court’s verdict.
“This is clearly an incompetent and audacious observation,” Mr Awomolo said.
As far as she was concerned, the judge responded that nothing in the Supreme Court’s lead judgment supported Mr Kanu’s assertion.
She expressed surprise that Mr Kanu would stand up and yell at his counsel.
“I hereby recuse myself from this case and remit the file to the chief judge for further necessary action,” Ms Nyako stated.
The judge said she could not proceed with a trial where a defendant lacked confidence in the court.
Mr Awomolo expressed his appreciation to the judge, lamenting that it was an unfortunate day.
This is even as the Supreme Court had ruled that Kanu be granted unconditional release from the DSS custody.
Meanwhile, an eyewitness told famousreprters.com that Kanu ordered Justice Yinka to step down from his case, arguing that Nyako lacks a good sense of judgement and as such did not judge rightly.
Earlier, grapevine told famousreporters.com that Nyako who is suspected to be had a perceived selfish interest in the matter, had overtime, deliberately refused to look into the point raised by Kanu’s Lawyers.
Could this be the reason Kanu exploding while in court?
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