Trial Judge Binta Nyako of the Federal High Court in Abuja has withdrawn from further handling the trial of Nnamdi Kanu, the detained leader of the outlawed Indigenous People of Biafra (IPOB).
Ms Nyako recused herself from the case following oral submissions by Mr Kanu and his lawyer, Aloy Ejimakor, during the resumed hearing of the case on Tuesday.
The State Security Service (SSS) has been detaining Mr. Kanu, a dual citizen of Nigeria and the United Kingdom, on felony charges of treason arising from his separatist campaigns for the secession of independent Biafra from Nigeria.
His trial began in 2015 and stalled after he fled the country after being granted bail in 2017.
He was rearrested in Kenya in June 2021 to continue his trial. Ms Nyako ordered his remand in SSS custody throughout the trial.
Ms Nyako's abrupt withdrawal means the case will have to start again before a new judge.
The incident exacerbates the uncertainties and delays that have defined the case, which has been going on for nine years without significant progress.
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At the resumed hearing on Tuesday, federal government counsel Adegboyega Awomolo, Senior Advocate of Nigeria (SAN), said he was ready for the continuation of the trial.
But Mr Kanu's lawyer, Mr Ejimakor, asked the court to adjourn the trial because of two pending appeals challenging the court's jurisdiction.
Mr Awomolo argued that a criminal trial cannot be stopped because of a pending appeal and that the defence should apply to the appeal court for a stay of proceedings.
The judge said the parties should not delay the matter, having ruled that the court would not entertain any requests until the end of the trial.
Mr Ejimakor insisted that it was not appropriate to proceed with the trial when he had not adequately prepared his client.
He said all court orders ordering his client to be allowed to prepare his defence had allegedly been disobeyed.
Ms Nyako then ordered that a prosecution witness be called.
As Mr Ejimakor addressed the court, Mr Kanu stood up from his seat in the dock and angrily ordered him (Ejimakor) to sit down.
“Sit down! I’m telling you to sit down!” Mr. Kanu shouted from the dock.
He insisted that the Supreme Court had ruled that the authority that detained him should not violate his fundamental rights, especially regarding access to his lawyers.
Addressing Ms Nyako, the IPOB leader said: “My lord, I no longer have confidence in this court and I ask you to recuse yourself because you have failed to abide by the decision of the Supreme Court.
“I can understand DSS refusing to obey a court order, but for this court to refuse to obey a Supreme Court order is regrettable.
“I ask that you recuse yourself from this case.”
But Awomolo refuted the argument based on the Supreme Court judgment issued in 2023.
He argued that the high court had ordered the lower court to proceed with the hearing and determination of Kanu's case.
He said Kanu's claims were not in line with the Supreme Court verdict.
“This is clearly an incompetent and bold remark,” Awomolo said.
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The judge replied that, as far as she was concerned, there was nothing in the Supreme Court's main judgment to support Mr Kanu's claim.
She expressed surprise that Kanu stood up and shouted at her lawyer.
“I hereby recuse myself from this case and refer the file to the Presiding Judge for necessary action,” Ms Nyako said.
The judge said she could not go ahead with a trial when a defendant had no confidence in the court.
Mr Awomolo expressed his gratitude to the judge and regretted that it was a very unfortunate day.
(YAYA)