*Pix above(l-r): Justice Binta Nyako and Mazi Nnamdi Kanu
The Chief Judge of the Federal High Court, Justice John Tsoho, has directed that the case file in Nnamdi Kanu’s ,alleged treason trial should be returned to Justice Binta Nyako to continue hearing the case, weeks after stepping down the case.
Recall that Justice Nyako had, on Sept. 24, recused herself from the trial of the detained Kanu, following oral applications by the IPOB leader and his lawyer, Aloy Ejimakor.
However, a reliable source at the FHC informed NAN that the CJ had reverted the file to Justice Nyako.
It was gathered that the decision of Justice Tsoho was premised on a condition that Kanu’s request must be formally presented before the court through a motion on notice, stating reasons he did not want to stand trial before Nyako.
“It is expected that the defendant will now duly serve the Federal Government, through the Office of the Attorney-General of the Federation and Minister of Justice, a copy of the motion for the prosecution’s response.”
“The parties will address the court and a decision will be taken by the judge.”
This comes less than three weeks after Mazi Kanu, who has been facing charges arising from his separatist activities for secession of a Republic of Biafra from Nigeria since 2015, pressured Justice Nyako to recuse herself from the nine-year-old case.
The 24 September proceedings took a dramatic turn when Mazi Kanu defied the norm of courtroom decorum to break in on a rambling back-and-forth argument between the bar and the bench.
He shouted his lawyer down and asked the judge to withdraw from the ca
“Sit down! I say you should sit down!” Mazi Kanu yelled from the dock at his lawyer, Aloy Ejimakor, and turned to the judge, to express his lack of confidence in the court.
“I am asking you to recuse yourself from this case,” he told the judge, who he accused of disobeying a Supreme Court judgment admonishing that his rights should be respected while facing trial.
Despite the prosecuting lawyer Adegboyega Awomolo’s efforts to persuade the judge to continue hearing the case, Justice Nyako announced her decision to recuse herself. “I hereby recuse myself and remit the case file back to the Chief Judge,” she ruled.
Kanu first appeared before the Federal High Court on December 23, 2015 in relation to the case.
But CJ Tsoho, after weeks of the judge’s reclusion, had sent the case back to the judge.(NAN)///