Nnamdi Kanu Returns to DSS Custody After Indefinite Adjournment of Trial
The self-acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has been returned to the custody of the Department of State Services (DSS) following an indefinite adjournment of his terrorism trial.
The decision was made by Justice Binta Fatima Nyako of the Federal High Court in Abuja on Monday. Justice Nyako adjourned the case sine die (indefinitely), following Kanu’s insistence that she could no longer preside over the trial after previously recusing herself in September 2024.
On September 24, 2024, Justice Nyako had opted out of the case after Kanu moved an oral application for her recusal, citing a lack of confidence in her handling of the matter. At the time, she had said, “I hereby recuse myself and remit the case file to the chief judge.”
Despite this, the Chief Judge of the court, Justice John Tsoho, after reviewing the situation, returned the case file to Nyako, insisting that Kanu’s application must be formally brought before the court via a motion on notice.
The legal dispute continued when, in December 2024, Kanu’s lawyer, Aloy Ejimakor, opposed the request for a trial date, maintaining that the judge’s recusal remained valid. Ejimakor also requested that the case be transferred to a Federal High Court in the South-East if no judge in Abuja was willing to preside over the case.
In Monday’s session, prosecution counsel Chief Adegboyega Awomolo SAN informed the court that all necessary processes had been filed and that the prosecution was ready to proceed with the trial. However, Kanu, who had taken over the proceedings from his lawyers, again challenged the court’s authority to hear his case.
“I don’t recognize the authority of this court to preside over my case. Everything you said here is meaningless to me,” Kanu stated, expressing his belief that the judge had no jurisdiction over the case due to her earlier recusal. He further criticized the prosecution and the Chief Judge, claiming that their actions were part of a larger effort to subvert the law.
In response, Justice Nyako explained that she was bound by the Chief Judge’s decision to return the case to her, though she did not wish to preside over it. Kanu, however, remained adamant, rejecting the judge’s authority to make any decisions on the matter.
In a tense moment, Justice Nyako ruled that the case would be adjourned indefinitely, saying, “The only decision I can make right now is that in light of what is happening in court, I am going to adjourn this case sine die.”
Kanu, undeterred, further criticized the court, insisting that no such adjournment could take place without jurisdiction. After the ruling, Kanu was led away by DSS operatives, returning to custody as directed by the court.
