During the resumed hearing of the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra, at the Federal High Court in Abuja on Tuesday, Justice Binta Nyako announced her intention to recuse herself from the case.
The term “recuse,” as defined by the Law.com dictionary, refers to a judge stepping aside from a case due to a conflict of interest or other valid reasons, such as personal connections with one of the parties involved. It can also apply to a judge or prosecutor being removed from a case.
Justice Nyako’s decision to recuse herself followed Kanu’s open court request for her to withdraw from the trial, accusing her of not adhering to the Supreme Court’s orders. Kanu, who faces a seven-count charge of terrorism from the Federal Government, expressed his loss of confidence in the court and urged the judge to step aside.
In response, Justice Nyako indicated her willingness to step down, stating she would send the case file back to the Chief Judge for reassignment.
During the proceedings, Kanu instructed his lawyer, Alloy Ejimakor, to sit down when he attempted to persuade the court to suspend the trial, arguing that his client was not given enough time to prepare his defense.
Kanu also referenced the Supreme Court ruling that raised concerns of bias against the trial judge. He stated, “My lord, I no longer have confidence in this court, and I request you to recuse yourself because you did not comply with the Supreme Court’s decision. While I can understand the DSS disobeying a court order, for this court to do so is deeply regrettable.”
Although prosecution counsel Adegboyega Awomolo (SAN) attempted to persuade Justice Nyako to continue the trial, she confirmed her intention to step aside, saying, “I hereby recuse myself and remit the case file back to the Chief Judge.”