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Nnamdi Kanu: Court Sends Case File Back to Justice Nyako

...Says Kanu's request lacks merit

Published

Friday, October 11, 2024 at 03:18 PM

Written by Omotola Adeleke

Nnamdi Kanu: Court Sends Case File Back to Justice Nyako

Justice John Terhemba Tsoho, the Chief Judge of Nigeria’s Federal High Court, has firmly denied the request from Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), to remove Justice Binta Nyako from his case.

Recall that Kanu first made the request during his recent court appearance where he said that he no longer had confidence in Justice Nyako due to her management of the case.

Kanu alleged that the judge ignored orders from the Supreme Court.

The IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.

In response to an oral request from Kanu and his legal team, Justice Nyako also stepped aside from the case.

The judge had said she could not proceed with a trial where a defendant lacked confidence in the court.

However, Justice Tsoho determined that Kanu's request for her recusal was without merit and confirmed that Justice Nyako would remain the presiding judge.

He observed that Kanu's trial, which started in 2015, had already seen two judges withdraw from the proceedings.

Justice Ahmed Mohammed and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.

Therefore, he deemed Justice Nyako the most suitable judge to continue overseeing the case due to her significant involvement thus far.

Justice Tsoho indicated that if the IPOB leader insists on seeking Justice Nyako's recusal during his next appearance, he must submit a written motion accompanied by an affidavit.

It was noted that Justice Tsoho's decision was based on the condition that Kanu's request must be formally submitted to the court through a motion on notice, outlining the reasons he wished to avoid standing 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.”

Edited By: Chinedu Eze

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Nnamdi Kanu: Court Sends Case File Back to Justice Nyako

Justice John Terhemba Tsoho, the Chief Judge of Nigeria’s Federal High Court, has firmly denied the request from Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), to remove Justice Binta Nyako from his case.

Recall that Kanu first made the request during his recent court appearance where he said that he no longer had confidence in Justice Nyako due to her management of the case.

Kanu alleged that the judge ignored orders from the Supreme Court.

The IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.

In response to an oral request from Kanu and his legal team, Justice Nyako also stepped aside from the case.

The judge had said she could not proceed with a trial where a defendant lacked confidence in the court.

However, Justice Tsoho determined that Kanu's request for her recusal was without merit and confirmed that Justice Nyako would remain the presiding judge.

He observed that Kanu's trial, which started in 2015, had already seen two judges withdraw from the proceedings.

Justice Ahmed Mohammed and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.

Therefore, he deemed Justice Nyako the most suitable judge to continue overseeing the case due to her significant involvement thus far.

Justice Tsoho indicated that if the IPOB leader insists on seeking Justice Nyako's recusal during his next appearance, he must submit a written motion accompanied by an affidavit.

It was noted that Justice Tsoho's decision was based on the condition that Kanu's request must be formally submitted to the court through a motion on notice, outlining the reasons he wished to avoid standing 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.”

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