A visibly angry leader of the outlawed Indigenous People of Biafra (IPOB), Nnami Kanu, who is being tried for treason, has said both the prosecution and the court do not know the law.
Kanu expressed his anger on Monday because he was still brought before Justice Binta Nyako in whom he had said he had no confidence.
The explanation of Justice Nyako that the However, the Chief Judge of the Federal High Court, Justice John Tsoho, had refused the oral application made by Kanu for her to recuse herself from the case, fell on deaf ears.
Kanu also refused to listen when Justice Nyako said the application must be brought formally before the court through a motion on notice.
Kanu was brought into Nigeria in June 2021 and has since been detained and tried for alleged terrorism. His trial was stalled after Justice Nyako recused herself from the case following an oral application by the defendant on September 24, 2024.
The IPOB leader had directly told the judge that he no longer had confidence in her handling of his trial.
However, the Chief Judge of the Federal High Court, John Tsoho, reverted the file to Nyako on the ground that Kanu’s application must be brought formally before the court through a motion on notice.
Consequently, in a letter dated December 5, 2024, addressed to the Deputy Chief Registrar, Adegboyega Awomolo, the prosecution counsel, asked the court to fix a date for the commencement of the trial.
Opposing the request for a trial date, the defence counsel, Aloy Ejimakor, in a letter dated December 9, 2024 said the ruling of the judge recusing herself remained valid.
Subsequently, Ejimakor asked that the case be transferred to a Federal High Court in the South-East if no judge in Abuja is willing to preside over it. His prayer, however, did not see the light of day.
At the resumed hearing on Monday, February 10, 2025, Justice Nyako said the chief judge had not accepted her recusal and had referred the case back to her.
She asked the defence team led by Ejimakor to come up with a written application if they still insist on the recusal.
Earlier, the Prosecution counsel led by Adegboyega Awomolo, said they were ready for the commencement of trial as his witnesses were ready.
Addressing the court, a furious Kanu questioned why he was brought before Justice Nyako. He said all that the judge said was meaningless to him. He said he does not recognise the authority of the court presided by Justice Nyako over him.
The IPOB leader said he was only in court because of the respect he has for the rule of law, adding that the judge had previously recused herself from the case.
Kanu said he was not happy with the decision of the chief judge who returned the case to Justice Nyako, insisting that the prosecution cannot prosecute him.
The IPOB leader insisted that Justice Nyako is biased over his case and should not preside over his case. He said poor knowledge of the court is affecting Nigeria.
“The prosecution and this court do not know the law. That is the fact. Poor knowledge of the law is killing Nigeria. This is a federal gazetted law of Nigeria that the Chief Judge cannot tell Binta Nyako what to do. It’s here. It’s your law, just obey it. That is why I do what I do. I agitate for Biafra… my right to agitate. They turned it (my case) from treasonable felony to terrorism,” he said.
The prosecution counsel took an objection to Kanu’s remarks and asked for a definite date for hearing since the prosecution has refused to file a written application. Awomolo said it was not right for Kanu to insult the court.
Despite Kanu’s objection, Justice Nyako adjourned his case indefinitely.
