Court adjourns Nnamdi Kanu’s treason trial indefinitely

• IPOB’s leader rejects judge

A Federal High Court in Abuja has adjourned indefinitely further proceedings in the treason trial of the leader of the proscribed separatist group, the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Binta Nyako took the decision in a ruling on Monday after Kanu disrupted proceedings and questioned the judge’s jurisdiction to further preside over his trial.
At the commencement of proceedings, prosecuting lawyer, Adegboyega Awomolo (SAN) said the prosecution filed and served all necessary documents and was ready to proceed with the trial.
Responding, defence lawyer, Aloy Ejimakor said the issue before the court was not about proceeding with the trial.
At that point, Justice Nyako intervened and said although she had earlier recused herself from the case, the court’s Chief Judge turned down her decision to withdraw from the case, and directed that defendant file a formal motion asking for the reassignment of the case to another judge.
While Awomolo and Ejimakor were arguing on whether or not a formal motion was necessary, as directed by the Chief Judge, Kanu, who had sat quietly in the dock, suddenly interjected, and demanded to be allowed to speak.
When asked by Justice Nyako whether it was his intention to take over the conduct of his case from his lawyer, Kanu said: “Yes, I want to take over.”
The defendant proceeded to say that he only agreed to attend court because of the respect he has for the court.
He argued that Justice Nyako no longer has the jurisdiction to preside over his trial since she earlier refused herself from the case in September last year.
Kanu then, turned to the prosecuting lawyer and insulted him, saying: “A grown-up man like you, who should be in the village and, who should be making sure that things are done properly is here subverting the law.”
He then returned his attention to the judge and said: “I don’t recognise the authority of this court to preside over my case.
“Everything you (the judge) said here is meaningless to me. Why is it that when it comes to my case, everything is turned upside-down?”
Kanu argued that the memo, which was sent by the Chief Judge, returning the case file back to Justice Nyako to continue to handle the case, cannot override the enrolled order of the court made on September 24 (with which Justice Nyako recused herself from the case.)
When told by Justice Nyako that he was at liberty to appeal the directive of the Chief Judge, Kanu said: “If the Chief Judge disagrees, he should appeal the decision”.
“You cannot preside over this case, not now, not today, not ever. You stand recused and you must leave my case. I don’t need you in my case.
“You are biased. Tell the Chief Judge that Nnamdi Kanu said so.
This is not a court of law. This is a shrine to injustice and i will not subject myself to it,” Kanu said.
In his further contribution, Awomolo asked the court to fix a date for trial, adding that “in view of the fact that the defendant has indicated that he will not make a formal application, I apply that your lordship gives us a definite date be fixed for trial.”
Before the prosecuting lawyer could conclude his submission, Kanu said: “Because of money they are paying you from the AGF’s office, a grown-up man like you is here supporting evil. The rule of law says you should go on appeal.
“The same Chief Judge, writing this stupid memo, I have recused him before. He sat on appeal, I took him to NJC and recused him.
“Why is he insisting on this one? He wants to embarrass your lordship by asking her to sit on this case,” Kanu said.
Ruling, Justice Nyako said: “The only decision I can make right now is that in the light of what is happening now in court, I am going to adjourn this case sine die (indefinitely).”
Reacting to the judge’s pronouncement, Kanu again, said: “You have no jurisdiction to adjourn anything. None whatsoever.
“You cannot make an order without jurisdiction. The memo from the Chief Judge cannot confer jurisdiction upon you.”