JUST IN: CHIEF JUDGE DIRECTS JUSTICE NYAKO TO CONTINUE KANU’S TRIAL
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Justice John Tsoho, Chief Judge of the Federal High Court, has ruled that the case file in Nnamdi Kanu’s treason trial be returned to Justice Binta Nyako, who would continue hearing the matter.
On September 24, Justice Nyako recused herself from the case when Kanu, the self-proclaimed leader of the separatist group Indigenous People of Biafra (IPOB), urged that she drop the prosecution, claiming he no longer trusts the judge’s competence to conduct a fair hearing.
It was reported that Justice Tsoho ruled that Justice Nyako continue to preside over the case on the condition that Kanu file a formal motion, accompanied by an affidavit, stating why he wants his trial to be held before another judge.
According to Justice Tsoho’s condition, the prosecution must react to Kanu’s application, after which Justice Nyako will hear it and provide a verdict on whether or not to withdraw.
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Justice Tsoho’s condition, it was understood, was to avoid a replay of what occurred in the money laundering case involving former Benue State Governor Gabriel Suswam, in which the Court of Appeal overruled Justice Ahmed Mohammed, who had withdrew from the case.
The Court of Appeal determined that Justice Mohammed did not retire lawfully since no processes were held for parties to address the court on whether the judge should withdraw.
Justice Nyako’s departure on September 24 marked the third time a court would drop the case at the request of the defendant.
Kanu appeared before the Federal High Court on December 23, 2015, in connection with the matter.
He and others were brought before Justice Mohammed (now a Justice of the Court of Appeal).
Before any action could be taken in the matter, Kanu opposed being brought before a judge, alleging he was unsure he would receive justice.
The judge then withdrew from the case, which was reassigned to a new judge.
Kanu and his co-defendants were brought before Justice Tsoho (the court’s second-highest ranking judge at the time).
Justice Tsoho later withdrew from the case after Kanu’s lawyers filed a petition with the National Judicial Council.
Kanu’s lawyers accused the judge of making contradictory choices in the prosecution’s request to shield its witnesses from public view, claiming that this would not ensure fairness and justice for the defendants.On September 26, 2016, Justice Tsoho (now the court’s Chief Judge) returned the case file to the previous Chief Judge, Justice Abdu Kafarati.
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