Why Judge Reassigns Nnamdi Kanu’s Case Back to Binta Nyako After Her Recusal
Chief Judge John Tsoho of the Federal High Court has returned the case of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), to Justice Binta Nyako, just two weeks after she recused herself.
On September 24, Nyako stepped aside following a request from Kanu, stating, “I hereby recuse myself and remit the case file back to the chief judge.”
According to reports, Tsoho reassigned the case because Kanu’s application for her recusal needs to be formally filed through a motion on notice, which must also be served to the prosecution, represented by the Attorney General of the Federation.
During the last court session, Kanu expressed a lack of confidence in Nyako’s ability to handle his trial. He stated, “My lord, I have no confidence in this court anymore… It is regrettable for this court to refuse to obey an order of the supreme court.”
Despite the prosecution urging the trial to continue, Nyako opted to distance herself from the case.
Background
Kanu has been in the custody of the Department of State Services (DSS) since his re-arrest in Kenya in 2021. He faces seven charges related to treasonable felony.
Initially granted bail in 2017, Kanu’s bail was revoked after he failed to appear as required. In April 2022, Nyako dismissed eight of the fifteen charges, with the remaining counts later quashed by the Court of Appeal in October 2022, which ordered his release. However, the execution of this ruling was stayed following an appeal from the federal government. Kanu’s bail requests have since been denied multiple times.
