The Chief Judge of the Federal High Court, Justice John Tsoho, has decided to return Nnamdi Kanu's case file to Justice Binta Nyako, in a major development in the ongoing legal proceedings involving the leader of the Indigenous People of Biafra (IPOB).
This decision comes after Justice Nyako had previously recused herself from the trial on September 24, following oral applications by Kanu and his lead counsel, Aloy Ejimakor. Kanu had expressed a loss of confidence in Justice Nyako, citing her failure to adhere to a Supreme Court decision as a primary reason for his request.
Justice Tsoho's directive is based on the condition that Kanu must formally present his request for recusal through a motion on notice, detailing the reasons for his lack of confidence in Justice Nyako.
The Chief Judge emphasized that Kanu's case, which dates back to 2015, had been under Justice Nyako's purview for most of its duration, making her the most suitable judge to conclude the trial. He noted that two other judges had previously been recused from the case, further complicating the reassignment process.
The decision to revert the case to Justice Nyako shows the complexities surrounding Kanu's trial, which involves seven-count terrorism charges brought against him by the Federal Government.
During a recent court session, Kanu vocally expressed his dissatisfaction, stating, "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." His counsel, Ejimakor, argued that it was inappropriate to continue with the trial without adequate preparation for the defense, alleging that court orders allowing Kanu to prepare had been disobeyed.
Justice Nyako, in response, directed that a prosecution witness be called, while also indicating that the court would not entertain any applications until the trial's conclusion. The situation remains tense, with Kanu's legal team awaiting an official notice from the court and a new hearing date.
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