Tensions have escalated in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), as he formally petitions the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, demanding the reassignment of his case. Kanu’s legal team insists that Justice Binta Nyako, who previously recused herself, should not continue presiding over the case.
In a letter submitted on February 27, 2025, Kanu’s lead counsel, Aloy Ejimakor, urged the CJN to direct the Chief Judge of the Federal High Court, Justice John Tsoho, to immediately transfer the case to another judge with proper jurisdiction. The request follows allegations of bias against Justice Nyako, which led to her initial recusal.
“Once a judge voluntarily steps aside from a case due to allegations of bias, the legal position is clear: they are automatically disqualified from further involvement. A recusal is akin to a ruling on jurisdiction and should not be reversed arbitrarily,” Ejimakor argued.
Kanu, who is facing seven counts of terrorism-related charges filed by the Federal Government, has also lodged a formal complaint against Justice Nyako with the National Judicial Council (NJC). The petition, dated January 14, 2025, is still under review.
Ejimakor warned that allowing a recused judge to resume proceedings would undermine public confidence in the judiciary, stating:
“Judicial integrity and public trust are at stake. The courts must not allow any appearance of partiality, especially in a high-profile case like this. If a judge resumes a case they previously withdrew from, it sends the wrong signal about fairness and transparency.”
Kanu’s legal team is urging the CJN to transfer the trial to another judge within the Abuja division or consider relocating it to the South-East. The development has reignited legal debates on judicial ethics, procedural fairness, and the broader political implications of Kanu’s prolonged detention.
As the legal battle intensifies, observers are keenly watching how the CJN and NJC will respond to the fresh petition.
