Detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has petitioned the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun over his pending transfer case.
Kanu urged Justice Kekere Ekun to direct Chief Judge of the Federal High Court, Justice John Tsoho, to reassign his case to another judge with proper jurisdiction.
The IPOB’s leader who is facing seven count terrorism charges, in a letter dated February 20, 2025, by his legal team, led by Aloy Ejimakor, argued that Justice Binta Nyako, who is currently presiding over the case, had already recused herself following alleged bias in judgment.
In his letter on Wednesday to CJN, Ejimakor argued that legal principles dictate that once a judge recuses themselves, they are disqualified from further involvement in the case.
He called for Justice Kekere Ekun’s intervention to ensure that the case is reassigned.
The letter partly reads:
Quote
“The purpose of this communication is to most respectfully request Your Lordship’s prompt administrative intervention, directing the Chief Judge of the Federal High Court to abide by the law and assign this case for trial to a Court that possesses the requisite jurisdiction.
“This case commenced in 2015 and was pending trial before Honourable Justice Binta Murtala-Nyako until 24th September 2024 when His Lordship, pursuant to the request of our Client, recused himself from presiding over the trial; and accordingly entered and enrolled an Order of recusal thereof.
“Our Client’s request for the said recusal was propelled by his keen apprehension of bias, stemming from several pronouncements made against our Client by the recused Judge, including in particular His Lordship’s refusal to restore our Client’s bail despite the pronouncement of the Honorable Supreme Court against His Lordship’s prior revocation of our Client’s bail and in which same judgement the apex Court had also stated that the ‘impartiality of the said recused Judge has become suspect’.
“Despite the foregoing, the Complainant wrote to the Court on 5th December 2024, requesting that the case be re-listed for trial before the recused Judge (i.e. Honourable Justice Binta Murtala-Nyako).
“In our reaction, we countered with a reply, opposing the re-listing or reassignment of the case to the same Judge because the order of recusal – being extant and subsisting – legally barred His Lordship from presiding over the trial or has otherwise ousted the jurisdiction of that particular Court.
“In total disregard of the incontrovertible facts enunciated above, the Honourable Chief Judge proceeded to reassign this case for trial before the same Judge who stands recused by the said order of recusal; and on 10th February 2025, our Client was summoned to appear for trial before the same Judge.
“In the alternative, requesting for transfer of the case to the Southeast (prompted by credible information at our disposal indicating that no other Judge in the Abuja Division of the Federal High Court is willing to take the case, in addition to the fact that Southeast is the place where the offenses were alleged to have had impact).
“In the meantime, the Defendant had – on 14th January 2025 – filed a Complaint against the said recused Judge before the National Judicial Council and the said Complaint is still pending.”
“This case commenced in 2015 and was pending trial before Honourable Justice Binta Murtala-Nyako until 24th September 2024 when His Lordship, pursuant to the request of our Client, recused himself from presiding over the trial; and accordingly entered and enrolled an Order of recusal thereof.
“Our Client’s request for the said recusal was propelled by his keen apprehension of bias, stemming from several pronouncements made against our Client by the recused Judge, including in particular His Lordship’s refusal to restore our Client’s bail despite the pronouncement of the Honorable Supreme Court against His Lordship’s prior revocation of our Client’s bail and in which same judgement the apex Court had also stated that the ‘impartiality of the said recused Judge has become suspect’.
“Despite the foregoing, the Complainant wrote to the Court on 5th December 2024, requesting that the case be re-listed for trial before the recused Judge (i.e. Honourable Justice Binta Murtala-Nyako).
“In our reaction, we countered with a reply, opposing the re-listing or reassignment of the case to the same Judge because the order of recusal – being extant and subsisting – legally barred His Lordship from presiding over the trial or has otherwise ousted the jurisdiction of that particular Court.
“In total disregard of the incontrovertible facts enunciated above, the Honourable Chief Judge proceeded to reassign this case for trial before the same Judge who stands recused by the said order of recusal; and on 10th February 2025, our Client was summoned to appear for trial before the same Judge.
“In the alternative, requesting for transfer of the case to the Southeast (prompted by credible information at our disposal indicating that no other Judge in the Abuja Division of the Federal High Court is willing to take the case, in addition to the fact that Southeast is the place where the offenses were alleged to have had impact).
“In the meantime, the Defendant had – on 14th January 2025 – filed a Complaint against the said recused Judge before the National Judicial Council and the said Complaint is still pending.”
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