In a significant turn of events, Justice Binta Nyako of the Federal High Court in Abuja has recused herself from the trial of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB). This decision follows Kanu’s request made during a court session on Tuesday, where he expressed a lack of confidence in the judge’s ability to impartially oversee the proceedings.

As the hearing resumed concerning the seven-count terrorism charges against him, Kanu interrupted his legal representative, Mr. Alloy Ejimakor, urging him to sit down while he voiced his concerns directly to the court. “Sit down! I say you should sit down!” Kanu exclaimed from the dock. He continued, addressing Justice Nyako, “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.”

Kanu emphasized his disappointment with the court’s refusal to follow a Supreme Court ruling, stating, “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.” He concluded his plea by reiterating his request for the judge to step aside from the case.

In response, prosecution counsel Mr. Adegboyega Awomolo, SAN, urged the court to dismiss Kanu’s claims, arguing that the Supreme Court had instructed that Kanu be tried on the pending charges. “The Justices ordered this court to proceed with the hearing of the charge against the defendant,” he stated, characterizing Kanu’s observations as irrelevant and “an incompetent observation.” He insisted that the court should continue with the proceedings.

Kanu, undeterred, rose once more, brandishing a copy of the Supreme Court’s ruling, which he argued cast doubt on the trial court’s impartiality. “But my lord, you know that I love you. It is just that this court is allowing the defence to railroad me into a trial that is at variance with every provision of the Constitution,” he added.

In light of the escalating tensions in the courtroom, Justice Nyako expressed her dissatisfaction with the situation. Ultimately, she announced her decision: “I hereby recuse myself and remit the case file back to the Chief Judge.”

The court had previously granted the government’s request to shield the identities of witnesses set to testify in Kanu’s trial. Kanu was first arrested in Lagos on October 14, 2015, upon his return from the United Kingdom. He was released on bail in April 2017, only to escape during a military operation at his residence in Umuahia, which resulted in casualties among his supporters.

Kanu was later re-arrested in Kenya in June 2021 and returned to Nigeria under controversial circumstances. Since then, he has been held in the custody of the Department of State Services (DSS). Earlier, on April 8, 2022, the court dismissed eight of the original fifteen charges against him, deeming them lacking in substance. The Abuja Division of the Court of Appeal had also ordered Kanu’s immediate release on October 13, 2022, a ruling that was later contested by the Federal Government.

The Supreme Court, in a decisive ruling on December 15, 2023, overturned the appellate court’s decision, allowing the government to proceed with the trial based on the existing charges against Kanu. This latest development has further complicated an already contentious legal battle.