Justice Binta Nyako withdraws from Nnamdi Kanu’s trial

Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday, recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB).

Justice Nyako withdrew from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, upon resumed hearing in the seven-count terrorism charge filed by the Federal Government.

At the resumed hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, said the matter was got continuation of trial and he was ready to proceed.

But Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.

Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.

The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.

Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.

He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.

Justice Nyako then directed that a prosecution witness be called.

While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.

“Sit down! I say you should sit down!” Kanu screamed from the dock.

He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.

Turning to Justice Nyako, the IPOB leader 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 refuse 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,” Kanu stated.

But Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023.

He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.

He stated that Kanu’s claims did not align with the Supreme Court’s verdict.

“This is clearly an incompetent and audacious observation,” Awomolo said.

The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.

She expressed surprise that Kanu would stand up and yell at his counsel.

“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.

The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.

Court dissolves 16-year-old “loveless” marriage

An Upper Area Court in Kubwa, Abuja, has dissolved a 16-year-old marriage between Hajarat Isa and her husband, Muhammed Hassan, for lack of love.

The Judge, Mohammed Wakili dissolved the marriage according to Islamic Law, following Isa’s prayer for divorce on the said ground.

Wakili ordered that the divorce certificate be issued to the plaintiff adding that she would not observe “Iddah” because the couple had not consummated since 2022.

Iddah is a waiting period to be observed for three months before contracting another marriage.

Earlier, the petitioner, a mother of four, had told the court she got married to the respondent under Islamic law in 2008.

She said that she was no longer interested in the marriage and prayed that the court grant her request for a divorce on grounds of lack of love.

The respondent however said that he divorced his wife and remarried her in 2022 which was in his absence because he travelled to his hometown while the marriage was contracted.

“I will grant her a divorce but want her to return all my belongings in her possession.

“She sold my television, a PlayStation I bought for the children and my clothes and shoes.

“We have not consummated the marriage since 2022 and I gave her a shop and capital to start up a business before I travelled. When I got back she sold my gym equipment while I was around,” he said.

The plaintiff said that in 2022, the respondent travelled to his home town for one year and seven months and only sent money once in a while.

“I was the only one taking care of our four children and two more he had with his ex-wife, I sold the said items to take care of our children, I am a private teacher and was paid only N15,000 when he left.

“I later fell very sick and that was when he returned. My younger brother had to come to help me with the children while my older sister took care of me,” she said.

She added that she did not sell his gym equipment but had explained to him that they got stolen and the reason she sold other items was for upkeep.

The respondent however told the court that he believed the plaintiff may have sold the items for upkeep while he was away and forgave her for it.

A Sharia Court in Kano State on Monday remanded two housewives in a correction centre for assaulting their neighbour.

The police charged Sa’adautu Abubakar, 33, and Amina Abdulkadir,20, all of Mandawari Sabon Titi, in Gwale Local Government Area of Kano, with criminal intentional hurt and intimidation.

When the charge was read to them, they both pleaded not guilty.

The Judge, Malam Umar Lawal-Abubakar, ordered that they should be remanded in the  Goron Dutse correction centre in Kano.

He adjourned the case until Sept 18 for further mention.

Earlier, the Prosecutor, Insp Abdullahi Wada told the court that the complainant, Firdausi Aliyu who also resides in Mandawari Sabon Titi, reported the matter at the Mandawari Police Station on Aug 28.

Wada said that the complainant had a misunderstanding with the defendants about some money.

He said that the defendants attacked Aliyu with a pestle and also bit her hand which led to serious injuries.

The prosecutor said the offence contravened the provisions of Section 158 of the Penal Code.