John Tsoho, the chief judge of the federal high court (FHC), has reassigned the case of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), back to Binta Nyako.
On September 24, Nyako recused herself from the case after an oral application made by Kanu.
“I hereby recuse myself and remit the case file back to the chief judge,” Nyako had said.
However, NAN reports that Tsoho has reverted the file to Nyako on the ground that Kanu’s application must be brought formally before the court through a motion on notice.
It is expected that the application must also be served on the prosecution (attorney-general of the federation).
At the last court session on Tuesday, Kanu directly told Nyako that he no longer had confidence in her handling of his trial.
Facing the judge, Kanu said: “My lord, I have no confidence in this court anymore and I ask you to recuse yourself because you did not abide by the decision of the supreme court.”
“I can understand it if the Department of State Services (DSS) refuses to obey a court order, but for this court to refuse to obey an order of the supreme court is regrettable.
“I am asking you to recuse yourself from this case.”
Although the prosecution urged the court to proceed with the trial, Nyako said she would go with extricating herself from the case.
Nyako said she would be sending the case file back to the chief judge for reassignment and further necessary actions.
Kanu has been in the custody of the Department of State Services (DSS) since he was re-arrested in Kenya and extradited to Nigeria in 2021.
He has been standing trial on a seven-count charge bordering on treasonable felony.
In 2017, the court granted Kanu bail on the charges filed against him by the federal government.
However, the court revoked the bail and issued a bench warrant for his arrest after he failed to present himself as required.
In April 2022, Nyako struck out eight of the 15 counts in the charge.
The remaining seven counts were also quashed by the court of appeal on October 13, 2022, with the judge ordering Kanu’s release.
However, on October 28, 2022, the court of appeal granted a stay of execution on its verdict discharging Kanu after the federal government filed an appeal at the supreme court.
In March, Kanu was denied bail. In May, his bail request was again turned down.
