After a very dramatic and disruptive display in court, Nnamdi Kanu has been returned to DSS custody with his case adjourned indefinitely.
The self-acclaimed leader of the proscribed Indigenous People of Biafra, IPOB who has been remanded in DSS custody for almost a year seems to not be tired of being with DSS as outrightly disregarded the court during his terrorism hearing. This unprecedented act led to the indefinite adjournment of his trial by Justice Binta Fatima Nyako of the Federal High Court in Abuja on Monday.
What Happened?
The indefinite adjournment of Kanu’s trial followed Kano’s rude interjections in court during the trial. Kanu who took over the proceedings from his lawyer directly told the judge that he no longer had confidence in her handling of his trial. He insisted that she no longer had jurisdiction to preside over his case since she had recused herself.
True to his words, Justice Binta Nyako opted out of Kanu’s case on September 24, 2024, remitting the case to the chief judge after the defendant made an oral application for another judge.
However the chief judge of the court, Justice John Tsoho, after reviewing the circumstances that led to the decision of Justice Binta Nyako, returned the case file to her on the ground that Kanu’s application must be formally brought before the court through a motion on notice.
Consequently, in a letter dated December 5, 2024, and addressed to the Deputy Chief Registrar, the counsel to the Federal Government Chief Adegboyega Awomolo SAN asked the court to fix a date for the commencement of the trial.
However, the letter was opposed by another letter from Kanu’s lawyer Aloy Ejimakor claiming that the ruling of the judge recusing herself from the case remains valid. Ejimakor requested that the case be transferred to a Federal High Court in the South-East if no judge in Abuja is willing to preside over it.
Kanu Displays in Court
The drama unfolded during a session on Monday, Awomolo told the court that the prosecution has filed and served all necessary processes in the case and that they are ready to proceed with trial.
Ejimakor insisted that that was not the issue before the court, referring to the earlier recuse of the judge from the case.
Justice Nyako cutting in explained that although she does not want to preside over the case, the Chief Judge has refused her recusal and directed the defendant to file a formal motion asking for a reassignment of the case to another judge.
While the lawyers in the case debated on whether a formal motion was required or not, Kanu interrupted rudely that he wanted to speak. When asked by the judge if he wanted to take over from his lawyer, he said: “Yes, I want to take over.”
The IPOB leader in an amusing twist said he was only in court because of the respect he had for the court but insisted that Nyako no longer had the jurisdiction to preside over his case following her recusal in September. Kano said “I don’t recognize the authority of this court to preside over my case. Everything you said here is meaningless to me.
“Why is it that when it comes to my case, everything is turned upside-down?”
But he wasn’t done yet, Kanu raged at prosecution counsel 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.”
Continuing Kanu claimed that the memo sent by the chief judge returning the case file back to Nyako cannot override the enrolled order of the court made on September 24.
In response, the judge told him that he was at liberty to appeal the directive of the Chief judge, but Kanu interjected that if the Chief judge disagreed, he should appeal the decision.
He said “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.”
After all the drama, Awomolo in his submission asked the court to fix a date for trial since Kanu does not want to make any formal application for a reassignment.
But Kanu cut in again, shouting, “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.”
Due to the chaotic situation and Kanu’s display, Justice Nyako ruled, “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 meaning indefinitely.”
Again, Kanu cut in saying, “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.”
Following the decision of the judge, Kanu was led out by DSS operatives, who returned him to custody on the order of the court.
Conclusion
The indefinite adjournment of Nnamdi Kanu’s trial highlights a profound breakdown in the judicial process. Kanu’s dramatic and disruptive courtroom behavior, while undeniably impacting the proceedings, questions the fairness and impartiality of the court in his case. His persistent claims of bias and lack of jurisdiction, whether valid or not, raise questions about the need for a thorough review of the case’s handling to ensure public confidence in the Nigerian judicial system. The incident serves as a stark reminder of the challenges inherent in balancing the rights of the accused with the efficient administration of justice, leaving the future of Kanu’s case shrouded in uncertainty.
