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A Federal High Court sitting in Abuja has indefinitely adjourned the trial of Mazi Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), following his insistence that the presiding judge, Justice Binta Nyako, no longer has the jurisdiction to hear his case.
Kanu, who has been in the custody of the Department of State Services (DSS) since June 2021 after his rearrest and extradition to Nigeria, is facing charges including terrorism, treasonable felony, managing an unlawful society, and illegal possession of firearms.
His legal battle has been contentious, with a significant development occurring in September 2023 when Justice Nyako recused herself from the case after Kanu passed a vote of no confidence in her. However, in a surprising turn, the Chief Judge of the Federal High Court, Justice John Tsoho, reassigned the case to Nyako, stating that Kanu must formally apply for a change of judge through a motion on notice.
During the resumed hearing on Monday, the prosecution counsel, Chief Adegboyega Awomolo (SAN), informed the court that all necessary legal documents had been filed and served, and the prosecution was ready to proceed with the trial. However, Kanu’s lawyer, Mr Alloy Ejimakor, opposed the move.
As legal arguments continued, Kanu interrupted the proceedings, declaring that he wished to speak for himself. When Justice Nyako asked if he wanted to take over from his lawyer, he responded affirmatively, insisting that the court no longer had the authority to preside over his case.
“I don’t recognise the authority of this court to preside over my case. Everything you said here is meaningless to me,” Kanu stated. He further accused the prosecution of subverting the law, questioning why his case was being handled differently from others.
“Why is it that when it comes to my case, everything is turned upside-down?” He asked.
Referring to the Chief Judge’s directive returning the case to Justice Nyako, Kanu argued that it could not override the court’s enrolled order from September 24. He challenged the prosecution to file an appeal if they disagreed, saying, “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.”
Following the heated exchange, Justice Nyako ruled that the case would be adjourned indefinitely, stating, “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).”
Kanu’s legal troubles date back to October 14, 2015, when he was first arrested and charged with an 11-count indictment relating to terrorism and treasonable felony. After pleading not guilty, he was granted bail in 2017 on health grounds but later fled Nigeria following a military raid on his family home in Afara-Ukwu, Abia State.
His bail was subsequently revoked in 2019, leading to his re-arrest in June 2021 in a security operation involving Interpol. Since then, his repeated requests for bail and transfer from DSS custody to a correctional facility have been denied.
The indefinite adjournment now leaves the future of the case uncertain, as Kanu remains in detention while legal complexities continue to unfold.
Melissa Enoch
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