The drama around Nnamdi Kanu’s trial has really shaken the legal community.
Some senior lawyers have outrightly refused to make comments on the matter. And even some who did share their opinions were contradicting one another.
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The debate now settles on whether or not the trial judge, Justice Binta Nyako, has the legal standing to continue trying Kanu after she has agreed to the IPOB leader’s demand to recuse herself from the case.
Mr. Mohammed Abeny, SAN, said it was possible under some conditions.
“Recuse is a situation where a judge withdraws from presiding over a case, either on his own motion or at the request of a party or parties in the case.
“Whichever way, it is unusual for a judge who has recused himself from a case to return to the case unless for a compelling reason,” Mohammed said.
Kanu had, on September 24, demanded that Justice Nyako recuse herself from his case, citing his lack of confidence in her. She obliged, but she issued impromptu notice to the IPOB leader to appear before her last Monday at Federal High Court Abuja.
Kanu came with his legal team, but said he would not subject himself to be trial by a judge who has lost her legal ground to do so. The matter was adjourned indefinitely.
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