The detained leader of the banned Indigenous People of Biafra (IPOB), Nnamdi Kanu, has petitioned the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, requesting that she instruct the Chief Judge of the Federal High Court, Justice John Tsoho, to reassign his case to a judge with the appropriate jurisdiction.
Kanu’s legal team, led by Aloy Ejimakor, stated in a letter to the CJN that Justice Binta Nyako, who is currently handling the case, had already recused herself following allegations of bias raised by Kanu.
Kanu is facing seven terrorism-related charges filed by the Federal Government.
Ejimakor argued that once a judge recuses themselves, legal principles dictate that they can no longer be involved in the case. He called for the CJN’s intervention to ensure the case is reassigned.
“A judge’s voluntary recusal carries the immediate legal effect of disqualification from further proceedings. A recusal decision is similar to a jurisdictional ruling and cannot be reversed arbitrarily,” Ejimakor stated.
He also warned that public trust in the judiciary could be damaged if a judge resumes a case after stepping aside, as it may create doubts about impartiality.
“Confidence in the judicial system is essential. When a judge who has recused themselves resumes a case, it raises concerns about fairness and weakens trust in the process,” he added.
Ejimakor further disclosed that Kanu had lodged a formal complaint against Justice Nyako with the National Judicial Council on January 14, 2025, and the petition was still under review.
He urged the CJN to ensure a fair trial by transferring the case to another judge in Abuja or moving it to a court in the South-East.
