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Reports Indicate CJ Rejects Nnamdi Kanu's Plea, Nyako Continues
osazuwaakonedo
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10/11/2024
Reports Indicate CJ Rejects Nnamdi Kanu's Plea, Nyako Continues
https://osazuwaakonedo.news/reports-indicate-cj-rejects-nnamdi-kanus-plea-nyako-continues/11/10/2024/
#Breaking News #Abuja #Aloy #Biafra #Binta #CJ #Ejimako #Kanu #Nnamdi #Nyako #Terhemba #Tsoho ©October 11th, 2024 ®October 11, 2024 7:21 pm Chief Judge of Federal High Court in Nigeria, Justice John Terhemba Tsoho has rejected the verbal plea by the detained Indigenous People of Biafra, IPOB leader, Nnamdi Kanu for the trial judge in the case, Justice Binta Nyako to withdraw being the judge over the lawsuits #OsazuwaAkonedo
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00:00
Chief Judge of Federal High Court in Nigeria, Justice John Tahumba Soho has rejected the
00:06
verbal plea by the detained indigenous people of Biafra, Ipob leader Nnamdi Kanu for the
00:11
trial judge in the case, Justice Binta Inyako to withdraw being the judge over the lawsuits.
00:18
The rejection by the Chief Judge was confirmed by Nnamdi Kanu's lawyer, Aloy Ejimako, according
00:24
to Sahara Reporters.
00:27
According to the news media, Sahara Reporters, gathered that Justice Soho returned Nnamdi
00:32
Kanu's case file to her to handle, saying two other judges were previously recused from
00:38
the case.
00:40
Justice Soho stated that Kanu's case was reassigned to Justice Inyako due to its prolonged nature,
00:46
dating back to 2015.
00:48
Given that Justice Inyako had handled the case for the most part, she was deemed the
00:53
most suitable judge to see it through to its conclusion.
00:57
However, the Chief Judge directed that if at the next hearing of the case, Kanu still
01:03
insists on recusing Justice Inyako, he must file a written motion with an affidavit stating
01:10
all the grounds for requesting the recusal.
01:13
When contacted, Kanu's special lawyer, Barista Aloy Ejimako, who confirmed the development
01:20
to Sahara Reporters on Friday, said, Yes, it is true.
01:25
We are awaiting a hearing notice to that effect from the Federal High Court.
01:30
Justice Inyako earlier recused herself from the case following an oral application by
01:35
Kanu and his lawyer, Aloy Ejimako.
01:39
Kanu had expressed loss of confidence in Justice Inyako, accusing her of disregarding Supreme
01:44
Court orders.
01:46
On the other hand, Premium Times reported that Binta Inyako has re-accepted the treasonable
01:53
felony case involving Nnamdi Kanu, the detained leader of the Indigenous People of Biafra
01:58
IPOB after withdrawing from it last month, Premium Times has learned.
02:04
Court sources, who have been briefed on the matter, told Premium Times that Mrs. Inyako
02:10
may resume sitting on the matter anytime soon, barring any unforeseen developments.
02:16
This comes less than three weeks after Mr. Kanu, who has been facing charges arising
02:21
from his separatist activities for cessation of a Republic of Biafra from Nigeria since
02:27
2015, pressured Mrs. Inyako to recuse herself from the nine-year-old case.
02:33
The 24th of September proceedings took a dramatic turn when Mr. Kanu defied the norm of courtroom
02:39
decorum to break in on a rambling back-and-forth argument between the bar and the bench.
02:45
We had reported in September last month that Justice Binta Inyako of Federal High Court
02:50
sitting in Abuja have withdrawn from the case of detained Biafra leader.
02:54
Nnamdi Kanu after the trial could not commence on Tuesday following the Biafra leader's personal
03:00
confrontation with the judge for the second time this year.
03:03
Nnamdi Kanu cited Nigeria's Supreme Court rulings and sections of the Nigeria laws to
03:08
insist that the West Africa country lacks the legal status to prosecute him for offences
03:14
he allegedly committed in England, United Kingdom.
03:18
According to Nnamdi Kanu, the nine count charges were offences he allegedly committed while
03:24
he was in the United Kingdom but the federal government of Nigeria has been playing smart
03:29
with the case by thus always switching the locations he was when the alleged crimes were
03:33
committed.
03:34
Nnamdi Kanu said, before, the federal government said he committed the offences when he was
03:41
in England but after presenting his defence in line with previous Supreme Court rulings
03:45
and some sections of the Nigeria laws, the government changed the location to Nigeria.
03:52
Nnamdi Kanu said, looking at the impartiality of the trial judge, Justice Binta Inyako, he
03:58
cannot continue with the shenanigans of the federal government and the court, insisting,
04:04
it is Nigeria law that says the court can't try him because the alleged offences were
04:08
not committed when he was in Nigeria.
04:12
Nnamdi Kanu said he, has already spent four years in the detention facility of the Department
04:18
of State Services, the SS, and if he spend another one year in detention will not kill
04:24
him waiting for the Chief Judge of the Federal Capital Territory, FCT to reassign the case
04:29
to another judge, insisting, what matters is justice, and the law court must amend all
04:36
the decisions of the Nigeria Supreme Court of Justice and stop obeying barely the ones
04:41
that are against him while ignoring the ones that favoured him.
04:45
Nnamdi Kanu said the persecution of Igbo people will stop with him, adding, he is a freedom
04:52
fighter only fighting against the continuous persecution of his people.
04:57
Details of the court proceedings as reported by PUNCH newspaper reads thus, at the result
05:02
hearing in the trial of the leader of the indigenous people of Biafra, Nnamdi Kanu,
05:08
at the Federal High Court in Abuja on Tuesday, Justice Binta Iyako said she was going to
05:14
recuse herself from the trial.
05:16
Recuse, as defined by the law.com dictionary, means to refuse to be a judge or for a judge
05:23
to agree to a request by one of the parties to step aside in a lawsuit or appeal because
05:29
of a conflict of interest or other good reason, acquaintanceship with one of the parties,
05:35
for example.
05:36
It also applies to a judge or prosecutor being removed.
05:40
Iyako's response to recuse herself from the trial followed Kanu's request in the open
05:45
court that the trial judge recuse herself from his trial since she has refused to obey
05:50
the orders of the Supreme Court.
05:53
Kanu is being prosecuted by the federal government on a seven-count bordering on terrorism.
05:59
Kanu stated that he had lost confidence in the court and that the trial judge should
06:03
recuse herself from his trial.
06:06
Meanwhile, Justice Iyako replied that she would be happy to do just that.
06:12
She added that she would be sending Kanu's case file back to the chief judge for it to
06:16
be reassigned.
06:18
Meanwhile, Kanu ordered his counsel, Aloy Ejimako, to sit down while he was trying to
06:24
persuade the court to suspend the trial on the basis that his client was denied the opportunity
06:30
to prepare his defense.
06:32
Kanu referred to the Supreme Court judgment where alleged bias against the judge was raised.
06:38
Sit down, I say you should sit down, Kanu had yelled at his lawyer.
06:43
Speaking further, he said, My Lord, I have no confidence in this court anymore and I
06:50
ask you to recuse yourself because you did not abide by the decision of the Supreme Court.
06:56
I can understand it if the DSS refuses to obey a court order, but for this court to
07:03
refuse to obey an order of the Supreme Court is regrettable.
07:07
I am asking you to recuse yourself from this case.
07:10
The prosecution counsel, Ademwega Awamolu, S.A.N., however, tried to urge Justice Inyaku
07:18
to proceed with the trial, but she responded that she had been minded to recuse herself
07:24
from the case.
07:25
I hereby recuse myself and remit the case file back to the chief judge, she declared.
07:32
We had reported in May this year that, in a rare case in the history of legal proceedings
07:37
in the world, Nnamdi Kanu, the detained leader of the indigenous people of Biafra, Ipom held
07:44
himself at the Federal High Court sitting in Abuja on Mone and played the role of a
07:48
lawyer with full energy and vibrant command of words with fearless loud voice defended
07:53
himself with face-to-face confrontation with the trial judge, Justice Binta Inyaku and
07:58
the Federal Government Prosecution Counsel, Ademwega Awamolu.
08:03
Nnamdi Kanu, while confronting the judge, asked Justice Binta Inyaku why could she be
08:08
conducting his trial contrary to the provisions of the laws of Nigeria and international treaties
08:14
which Nigeria is signatory to.
08:17
A voice of Justice Binta Inyaku could be heard in the video posted online trying to respond
08:22
to Nnamdi Kanu queries but the commanding voice end.
08:26
Continuous marshalling of words with historical citation of facts and sections of the laws
08:31
by Nnamdi Kanu surprised the voice of the judge.
08:35
The video shows Nnamdi Kanu speaking at a corridor in front of a mini-office inside
08:40
the courtroom where Justice Binta Inyaku was inside listening and tried to respond to the
08:45
detained Biafra leader's confrontations and allegations of injustice and intimidation.
08:51
Nnamdi Kanu, according to BBC, also confronted the Federal Government Prosecution Lawyer,
08:58
Ademwega Awamolu and called him a terrorist.
09:02
Kanu pointed at FG lawyer, Ademwega Awamolu and said in quote thus, you are a terrorist.
09:09
You now get power to try me.
09:12
Nnamdi Kanu actions and reactions began when the trial judge, Justice Binta Inyaku denied
09:18
him bail or refused to grant him house arrest.
09:21
The court ruling forced Nnamdi Kanu to raise his hand and insisted of addressing the court
09:26
himself.
09:28
Nnamdi Kanu on Monday after the Federal High Court sitting in Abuja dismissed his Fregbol
09:33
application for him to be removed from the Department of State Service, DSS, while speaking
09:39
with news reporters, said that Nigerian court seeking to try him is committing an act of
09:44
terrorism.
09:45
Nnamdi Kanu condemned Nigerian government for allegedly violating the provisions of
09:50
Terrorism Prevention and Prohibition Act by seeking to try him.
09:56
Justice Binta Inyaku had on Monday dismissed Kanu's Fregbol application seeking the restoration
10:01
of his revoked bail and his removal from the DSS custody to a house arrest or prison custody.
10:08
Justice Inyaku dismissed the application for lacking in merit and ruled that Kanu had brought
10:14
the same application before the court.
10:17
Reacting to the claim that the Supreme Court's ruling in 2023 indicating that Kanu did not
10:23
jump bail, Justice Inyaku said that she found, as a fact, that the IPOC leader jumped the
10:29
bail granted to him earlier and that he escaped out of Nigeria.
10:34
Justice Inyaku in her ruling said that the shortest who stood for Kanu in the earlier
10:38
bail had applied to be discharged and had been discharged on the ground that the court
10:44
not locate Kanu and did not know his whereabouts.
10:48
Justice Binta Inyaku stated further that the only option left for Kanu was to go to
10:53
the Court of Appeal and should proceed to the Appellate Court to exercise his right
10:57
of appeal.
10:59
The judge overruled the claim of Kanu's late counsel that the Supreme Court held that the
11:04
earlier bail granted him ought not to have been revoked.
11:08
According to the judge, she has perused the Supreme Court judgment copy and did not see
11:14
the claim by Kanu's lawyer.
11:16
Irked by the ruling, Kanu said that Section 2.3.f of Terrorism Prevention and Prohibition
11:23
Act provided that any court seeking to try him was committing an act of terrorism.
11:29
Kanu insisted that he did not jump bail earlier granted to him and that no Nigerian court
11:34
could try him.
11:36
Terrorism Prohibition Act says I cannot be tried in Nigeria.
11:41
I can never be tried in any court of law in Nigeria.
11:45
That is what the law says.
11:47
Anybody coming to try me is a terrorist.
11:50
That is what the law says.
11:53
Section 2.3.f of Terrorism Prevention and Prohibition Act says that any court trying to try me is
11:59
committing an act of terrorism.
12:02
You cannot violate a treaty that Nigeria entered into and come to try that person.
12:08
It is not done anywhere in the world.
12:11
That is why there is all these ridiculous delays.
12:14
The Supreme Court said that I did not jump bail.
12:17
My home was invaded, they came to kill me and I survived.
12:22
They came to Kenya to kidnap me, brought me back to this country and seeking to try me,
12:28
which the law says cannot happen.
12:30
You cannot violate a treaty that Nigeria entered into and hope to stand on that illegality
12:35
to conduct a trial.
12:38
It is not done anywhere in the world.
12:40
With no exception whatsoever, Section 12.of the Constitution, Nigeria, says that any treaty
12:47
ratified by Nigeria becomes a law.
12:50
You cannot change it.
12:52
It doesn't matter what they do.
12:54
All these shenanigans is just pure rubbish.
12:57
I believe in fairness and justice.
13:00
Nnamdi Kanu stated in quote.
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