By Eric Ikhilae
With Justice Binta Nyako’s withdrawal from the treason trial of Nnamdi Kanu, the end of the case, which began in 2015 may be far from sight.
This is because the case will be reassigned to a new judge by the Chief Judge John Tsoho within a time to be determined by him.
Defence counsel Alloy Ejimakor justified his client’s decision to demand that Justice Nyako recuse herself from the case.
He said the defence was not sure of a fair trial because the state has allegedly refused to provide the defendant with the needed opportunity to adequately prepare for his defence.
Justice Nyako’s withdrawal made it the third time a judge would be abandoning the case at the instance of the defendant.
Kanu first appeared before the Federal High Court on December 23, 2015, in relation to the case.
He was taken, along with some others, before Justice Ahmed Mohammed (now a Justice of the Court of Appeal).
Before any steps could be taken in the case, Kanu objected to being tried before the judge, claiming he was not sure he could get justice.
The judge withdrew from the case, following which it was reassigned to a new judge.
On September 26, 2016, Kanu and his then co-defendants were taken before another judge, Justice Tsoho (who was then the second most senior judge of the court).
Justice Tsoho later withdrew from the case following a petition by Kanu’s lawyers to the National Judicial Council (NJC).
In the petition, Kanu’s lawyers accused the judge of making conflicting decisions in an application by the prosecution to be allowed to shield its witnesses from public view, which they claimed would not guarantee fairness and justice for the defendants.
Ruling on September 26, 2016, Justice Tsoho (who is now the Chief Judge) returned the case file to the then Chief Judge, Justice Ibrahim Auta.
The case was subsequently reassigned to Justice Binta Nyako in 2016.
By yesterday’s development, progress in the case now depends on how soon the case is reassigned.
Kanu will also be expected to take his plea before a new judge, and a fresh round of applications for bail and remand will be considered.
Unless there is an intervention from outside the court system, such as the Attorney General entering a Nolle prosequi (no more prosecution), there appears to be no end in sight to the Kanu case anytime soon.
Will the Federal Government consider a political solution and discontinue the case?
Some Igbo leaders have been making moves for a settlement, including Ohanaeze Ndigbo and Southeast governors.
The Nation
