The detained leader of the banned Indigenous People of Biafra (IPOB), Nnamdi Kanu, has submitted a petition to 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 different judge with the proper jurisdiction.
In the letter to the CJN, Kanu’s legal team, led by Aloy Ejimakor, pointed out that Justice Binta Nyako, who is currently overseeing the case, had previously recused herself following Kanu’s claims of bias.
Kanu is facing seven charges related to terrorism filed against him by the Federal Government.
Ejimakor emphasized that legal principles dictate that once a judge recuses themselves, they are no longer qualified to participate in the case. He has called for the CJN’s intervention to ensure the case is reassigned.
“Once a judge voluntarily recuses themselves, the immediate legal consequence is that they are disqualified from further proceedings. A decision or order of recusal is akin to a ruling on jurisdiction and cannot be reversed arbitrarily,” Ejimakor stated.
Ejimakor also stressed that public perception and judicial integrity are at stake, warning that assigning a case to a judge who had recused themselves could erode confidence in the judiciary.
“Public trust in the courts is crucial. If a judge unilaterally resumes a case after recusal, it creates a perception of partiality and undermines confidence in the judicial process,” he stated.
Ejimakor further revealed that Kanu had lodged a formal complaint against Justice Nyako with the National Judicial Council on January 14, 2025, and that the petition was still pending.
He further urged the CJN to use her authority to ensure a fair trial, either by transferring the case to another judge in Abuja or a court in the South-East.