The Chief Judge of the Federal High Court, Justice John Tsoho has directed that the case file in Nnamdi Kanu’s treason trial should be returned to Justice Binta Nyako to continue hearing the case.
Recall that Justice Nyako recused herself from the case on September 24 after Kanu, the leader of the Indigenous People of Biafra (IPOB), demanded that she hands off the case, claiming he no longer has confidence in the judge’s ability to ensure fair hearing.
Justice Tsoho directed that Justice Nyako should continue to preside over the case while Kanu should file a formal application, supported with an affidavit, detailing reasons why he wants his trial to be conducted before another judge.
By Justice Tsoho’s condition, the prosecution is also required to respond to Kanu’s application, following which Justice Nyako will hear the application and give a ruling, deciding whether or not to withdraw.
Justice Tsoho’s condition, it was gathered, was to prevent a repeat of what happened in the money laundering case involving the former Governor of Benue State, Gabriel Suswam, in which the Court of Appeal overruled Justice Ahmed Mohammed, who had withdrawn from the case.
The Court of Appeal was of the view that Justice Mohammed did not withdraw properly because no proceedings were conducted for parties to address the court on whether or not the judge should withdraw.
Justice Nyako’s withdrawal on September 24 made it the third time a judge would be abandoning the case at the instance of the defendant.
