The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has formally lodged a petition with the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, requesting the reassignment of his case to a different judge.
His legal team’s move follows the recusal of Justice Binta Nyako, who had been overseeing the trial, due to allegations of bias.
In a letter dated February 19, 2025, Kanu’s special counsel, Aloy Ejimakor, outlined the legal implications of a judge stepping down from a case.
He asserted that once a judge recused themselves, they are legally disqualified from any further involvement in the proceedings. He further warned that allowing a judge who had stepped aside to reassume jurisdiction could compromise public trust in the judiciary.
The legal team also raised concerns regarding the decision of the Chief Judge of the Federal High Court, Justice John Tsoho, to reassign the case to Justice Nyako despite her previous withdrawal.
“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.
“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.
They argued that such an action conflicts with established judicial norms and could cast doubts on the court’s impartiality.
Ejimakor disclosed that Kanu had earlier filed a formal complaint against Justice Nyako with the National Judicial Council (NJC) on January 14, 2025.
The complaint is still under review, and his defense team maintains that it would be inappropriate for the judge to continue handling the case while the matter remains unresolved.
