Justice Binta Nyako of the Federal High Court Abuja has said she is going to “recuse” herself from Nnamdi Kanu’s case.
She decided after Kanu asked her to do so, alleging that she had refused to obey the Supreme Court’s order.
Kanu also said he had lost confidence in the court.
He spoke out at the open court during the resumption of his trial on Tuesday.
Justice Binta Nyako then replied that she would be happy to recuse herself from the trial, and had no problem with his request.
She said she would be sending the case file back to the chief judge for reassignment and further necessary actions.
Kanu then vehemently ordered his counsel, Alloy Ejimakor to sit down while he stood up from the dock to address Justice Nyako.
He based his remarks on the Supreme Court’s decision which questioned the jurisdiction of where the alleged broadcast that the federal court is charging him on was made.
“Sit down! I say you should sit down!” Kanu had yelled at his lawyer.
Speaking further, he 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.”
He also read a part of the judgment of the Supreme Court, where alleged bias against Justice Nyako was raised.
The counsel for the Federal Government, Adegboyega Awomolo, had earlier told the court that he was ready for the commencement of trial, but that it could not hold under the present circumstance.
Awomolo, however, tried to urge Justice Nyako to proceed with the trial, but she responded that she had been asked to recuse herself from the case.
“I hereby recuse myself and remit the case file back to the Chief Judge,” she declared.
Kanu was re-arrested in Kenya in 2021 by the Federal Government and brought to the country for trial on terrorism charges.
Although he pleaded not guilty to the charges, Justice Nyako declined to admit him to bail on the ground that he jumped the earlier one in which Senator Abaribe was his surety.
Kanu has since been in the custody of the Department of State Services on the order of the Federal High Court, Abuja.
