Justice Binta Murtala Nyako of the Federal High Court in Abuja has recused herself (withdraw) from the ongoing trial of the leader of proscribed Indigenous People of Biafra, (IPOB), Nnamdi Kanu.
According to Law.com dictionary, Recuse means to refuse to be a judge (or for a judge to agree to a request by one of the parties to step aside) in a lawsuit or appeal because of a conflict of interest or other good reason (acquaintanceship with one of the parties, for example). It also applies to a judge or prosecutor being removed.
Incidentally, Justice Nyako’s decision to withdraw from the trial on Tuesday was sequel to Kanu’s request in the open court that the judge should withdraw from his trial since she has refused to obey the orders of the Supreme Court.
It is instructive to note that Kanu is being prosecuted by the Federal Government on a seven-count charge of alleged involvement in terrorism.
Kanu also claimed that he had lost confidence in the court, saying that the judge should recuse herself from his trial.
But Justice Nyako replied that she would be happy to grant the request, saying that she would be sending Kanu’s case file back to the Chief Judge of the Federal High Court, Justice Johnn Tsoho, for reassignment to another judge.
At a stage, Kanu ordered his lawyer , Alloy Ejimakor, to sit down while he was trying to persuade the court to suspend the trial on the grounds that his client was denied the opportunity to prepare his defence.
Kanu also referred to the Supreme Court judgement where alleged bias against the judge was raised.
He then said to his lawyer, “Sit down! I say you should sit down!”.
Speaking further, Kanu 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.
“I can understand it if the 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.”
But the prosecuting Federal Government lawyer, Chief Adegboyega Awomolo (SAN), countered the argument and urged Justice Nyako to proceed with the trial.
The judge responded that she had been minded to recuse herself from the case.
Justice Binta then said, “I hereby recuse myself and remit the case file back to the Chief Judge.”
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