Nnamdi Kanu, the detained leader of the Indigenous People of Biafra, has reached out to the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, seeking intervention in the reassignment of his case. This request comes after Justice Binta Nyako recused herself from presiding over his trial. Kanu, through his lead counsel Aloy Ejimakor, emphasized the need for the Chief Judge of the Federal High Court, Justice John Tsoho, to transfer his case to another judge with the appropriate jurisdiction. Despite Justice Nyako’s withdrawal from the case due to Kanu’s concerns about bias, the Chief Judge returned the case to her, instructing her to continue overseeing the trial.
Kanu, who is facing a seven-count terrorism charge by the Federal Government, has been persistent in his objection to Justice Nyako’s continued involvement in his case. He firmly believes that she should no longer preside over the matter since she recused herself voluntarily. During the latest court session, Kanu reiterated his objection to Justice Nyako’s presence, stating that he attended court out of respect for the hearing notice but did not acknowledge her authority in the case, leading to an indefinite adjournment of the trial.
In a letter to the CJN, Ejimakor argued that once a judge recuses themselves from a case, they are legally prohibited from further proceedings on that matter. He criticized the Chief Judge for disregarding this legal stance by reassigning the case back to Justice Nyako despite her recusal being on record. The defence team also opposed a request from the prosecution to have Kanu’s case relisted before Justice Nyako, emphasizing her impartiality concerns raised in a previous Supreme Court ruling.
Ejimakor highlighted the importance of maintaining public trust in the judiciary by not compelling a recused judge back into a case, as it could create a perception of partiality. He urged the CJN to utilize her administrative authority to ensure Kanu’s case is reassigned to another judge in either Abuja or a Southeast division of the Federal High Court. Additionally, he disclosed that Kanu had filed a formal complaint against Justice Nyako with the National Judicial Council, which is pending review.
Drawing from past judicial precedents, Ejimakor referenced Supreme Court rulings emphasizing the need for judges to recuse themselves when bias is alleged to uphold the principle of fairness and impartiality in delivering justice. He underscored that the right to a fair hearing, as enshrined in Section 36(1) of the Nigerian Constitution, mandates that Kanu be heard by an unbiased tribunal.