The detained leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, has petitioned the Chief Justice of Nigeria, 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.
In a letter dated February 20, 2025, Kanu’s Lead Counsel, Mr. Aloy Ejimakor, argued that Justice Binta Nyako, who is currently presiding over the case, had recused herself following Kanu’s allegations of bias.
Kanu is facing seven counts of terrorism-related charges brought against him by the Federal Government. During a court session on September 24, 2024, Kanu formally requested Justice Nyako to step down from his trial, citing a loss of confidence in her handling of the case. In response, Justice Nyako announced her withdrawal and returned the case file to the Chief Judge for reassignment.
However, Justice Tsoho later returned the case file to Justice Nyako, instructing her to continue presiding over the trial.
At the last hearing on February 10, 2025, Kanu rejected Justice Nyako’s authority to try him, arguing that since she had recused herself, she was disqualified from further handling the case. He insisted that he appeared in court only out of respect for the rule of law.
Following the standoff, Justice Nyako adjourned the trial indefinitely (sine die).
In his letter to Justice Kekere-Ekun, Ejimakor argued that legal principles dictate that once a judge recuses himself, he is disqualified from further involvement in a case. He urged the CJN’s administrative intervention to ensure that the case is reassigned.
He wrote: “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 also stressed that public perception and judicial integrity are at stake, warning that assigning a case to a judge who had recused herself from a case 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.
In conclusion, Kanu’s legal team urged the CJN to use her authority to ensure a fair trial, either by transferring the case to another judge in Abuja or to a court in the South-East.
No comments:
Post a Comment