The detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has petitioned the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, urging her to direct the Chief Judge of the Federal High Court, Justice John Tsoho, to reassign his case to another judge with proper jurisdiction.
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In a letter to the CJN, Kanu’s legal team, led by Aloy Ejimakor, argued that Justice Binta Nyako, who is currently presiding over the case, had already recused herself following Kanu’s allegations of bias.
Kanu is facing seven counts of terrorism-related charges brought against him by the Federal Government.
Ejimakor argued that legal principles dictate that once a judge recuses themselves, they are disqualified from further involvement in the case.
He urged the CJN’s administrative intervention to ensure that 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.
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