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The embattled leader of proscribed Igbo separatist group, Indigenous People of Biafra (IPOB), Nnamdi Kanu, has expressed his delight with the decision of Justice Binta Nyako of the Federal High Court sitting in Abuja, to recuse herself from his trial.
Justice Nyako who took the decision at the resumed trial of the IPOB leader on Tuesday, said she was handing off from presiding over the trial following a verbal application by Kanu during the trial.
Before Nyako recused herself from further trial of the case, there was mild drama as Kanu’s lead counsel, Aloy Ejimakor tried to persuade the court to suspend the trial due to the fact that Kanu was denied the opportunity to prepare his defence.
But Kanu quickly rose from his seat and ordered his lawyer to sit down while he made reference to the judgment of the Supreme Court where alleged bias against the judge was raised.
“Sit down! I say you should sit down!” Kanu was heard shouting down at his lawyer from the dock.
Continuing, the Biafran agitator said:
‘My lord, I have no confidence in this court anymore and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.
“I can understand it if the DSS refuses to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.
“I am asking you to recuse yourself from this case,” Kanu stated.
Though the prosecution counsel, Adegboyega Awomolo, urged the court to proceed with the trial, Justice Nyako said she was minded to recuse herself from the case.
“I hereby recuse myself and remit the case-file back to the Chief Judge,” she held.
In legal terms, “recusal” refers to a judge’s voluntary or requested withdrawal from a lawsuit or appeal due to:
– Conflict of interest
– Personal acquaintanceship with one of the parties
– Other valid reasons
Recusal can also involve the removal of a judge or prosecutor from a case.
This concept ensures impartiality and fairness in the judicial process.
Kanu, facing seven-count terrorism charges, expressed loss of confidence in the court, citing Justice Nyako’s alleged disregard for a Supreme Court order, during the session on Tuesday.
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