The development worsens the uncertainties and delays that have defined the case, which has lingered for nine years without significant progress.
Trial judge Binta Nyako of the Federal High Court in Abuja has withdrawn from continuing handling the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB).
Mrs Nyako recused herself from the case following oral applications by Mr Kanu and his lawyer, Aloy Ejimakor, during the resumed hearing in the case on Tuesday.
The State Security Service (SSS) has been detaining Mr Kanu, a dual citizen of Nigeria and the United Kingdom, over charges of treasonable felony arising from his separatist campaigns for the secession of independent Biafra from Nigeria.
His trial started in 2015 and was stalled after he fled the country on being granted bail in 2017.
He was re-arrested in Kenya in June 2021 to continue his trial. Mrs Nyako ordered his remand in SSS custody throughout his trial.
Mrs Nyako's abrupt withdrawal means the case will have to start afresh before a new judge.
The development worsens the uncertainties and delays that have defined the case, which has lingered for nine years without significant progress.
At the resumed hearing on Tuesday, the federal government's lawyer, Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN), said he was ready for continuation of trial.
But Mr Kanu's lawyer, Mr Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court's jurisdiction.
Mr 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 said the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.
Mr Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.
He said all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.
Mrs Nyako then directed that a prosecution witness be called.
While Mr Ejimakor was addressing the court, Mr 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!" Mr 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 Mrs Nyako, the IPOB leader said, "My lord, I have no confidence in this court anymore 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."
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.
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"This is clearly an incompetent and audacious observation," Mr Awomolo said.
The judge responded that, as far as she was concerned, there was nothing in the Supreme Court's lead judgement that supported Mr 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," Mrs Nyako said.
The judge said she could not proceed with a trial where a defendant lacked confidence in the court.
Mr Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.
(NAN)
