The self-proclaimed leader of the banned Indigenous People of Biafra (IPOB), Nnamdi Kanu, has been sent back to the custody of the Department of State Services (DSS) after his terrorism trial was indefinitely adjourned.
Justice Binta Fatima Nyako of the Federal High Court in Abuja postponed the case indefinitely on Monday following Kanu’s insistence that she could no longer preside over his trial since she had previously recused herself.
Justice Nyako had withdrawn from the case on September 24, 2024, after Kanu personally requested her recusal, citing a lack of confidence in her handling of the proceedings. The judge subsequently transferred the case file to the Chief Judge of the Federal High Court, Justice John Tsoho.
However, after reviewing the circumstances of Nyako’s recusal, Justice Tsoho returned the case to her, stating that Kanu’s request needed to be formally submitted through a motion on notice.
In response, the Federal Government’s lead counsel, Chief Adegboyega Awomolo (SAN), wrote to the Deputy Chief Registrar on December 5, 2024, requesting a trial date. However, Kanu’s lawyer, Aloy Ejimakor, countered in a December 9 letter, insisting that Nyako’s recusal was valid and suggesting that the case be transferred to a Federal High Court in the South-East if no judge in Abuja was willing to take it.
During Monday’s hearing, Awomolo informed the court that the prosecution had completed all necessary filings and was prepared to proceed with the trial. However, Ejimakor argued that this was not the issue before the court.
Justice Nyako clarified that, although she no longer wished to handle the case, the Chief Judge had rejected her recusal and instructed Kanu to submit a formal motion for reassignment.
As the lawyers debated whether a formal application was necessary, Kanu interrupted the proceedings, stating, “I want to speak.” When the judge asked if he intended to represent himself, he confirmed, “Yes, I want to take over.”
Kanu declared that he was in court only out of respect but insisted that Nyako had lost jurisdiction over his case after her recusal.
Addressing the prosecution counsel, he said, “A grown-up man like you, who should be in the village ensuring things are done properly, is here subverting the law.”
Turning to the judge, he added, “I don’t recognize this court’s authority over my case. Everything said here is meaningless to me.”
He further argued that the Chief Judge’s memo could not override the court’s official order from September 24 and stated that if the Chief Judge disagreed, he should appeal the decision.
“You cannot preside over this case—not now, not today, not ever. You are recused and must leave my case. I don’t need you in my case. You are biased. Tell the Chief Judge that Nnamdi Kanu said so,” he asserted.
Following this exchange, Awomolo urged the court to fix a trial date, but Kanu once again interjected, accusing him of supporting injustice for financial gain.
Justice Nyako ultimately ruled, “Given what is happening in court today, I am adjourning this case sine die—indefinitely.”
Kanu responded defiantly, stating, “You have no jurisdiction to adjourn anything. None whatsoever. You cannot make an order without jurisdiction. The Chief Judge’s memo does not grant you jurisdiction.”
Following the adjournment, DSS operatives escorted Kanu out of the courtroom and returned him to custody as ordered by the court.