The Chief Judge of the Federal High Court, FHC, Justice John Tsoho, has reverted the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, to Justice Binta Nyako.
Following Kanu’s demand, Justice Nyako had, on Sept. 24, recused herself from the trial.
However, Justice Tsoho on Friday decided to return the case to Justice Nyako so that Kanu could formally request or the withdrawal of Justice Nyako through a motion on notice, giving reasons.
“It is expected that the defendant will now duly serve the Federal Government, through the Office of the Attorney-General of the Federation and Minister of Justice, a copy of the motion for the prosecution’s response,” it was gathered.
“The parties will address the court and a decision will be taken by the judge.”
Kanu had earlier rejected Justice Tsoho (before he be ame the CJ) as well as Justice Ahmed Mohammed from presiding over his trial. His rejection of the two judges was responsible for the assignment of his case to Justice Nyako.
An argument between Aloy Ejimakor, Kanu’s counsel and Adegboyega Awomolo, SAN, counsel to the FG’s lawyer, over whether the trial could go on at the last adjourned date became acrimonious, as an enraged Kanu shouted down his counsel and insisted that the Supreme Court had ruled against the abuse of his fundamental rights, especially regarding access to his lawyers.
He then demanded that Justice Nyako should hands off his case, citing lack of confidence.
“My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court,” he told Justice Nyako.
“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,” Kanu stated.