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, over the continued handling of his case by Justice Binta Nyako despite recusing herself earlier.
Kanu in a letter to the CJN, by his legal team, led by Aloy Ejimakor, urged the CJN to direct the Chief Judge of the Federal High Court, Justice John Tsoho, to reassign his case to another judge with proper jurisdiction.
He argued that Justice Binta Nyako, who is currently presiding over the case, had already recused herself following Kanu’s allegations of bias, stressing that legal principles dictate that once a judge recuses oneself, she /he is disqualified from further involvement in the case.
“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,” the legal team stated.
He pointed out that the public perception and judicial integrity are at stake in this seven- counts terrorism charges against his client, warning that assigning a case to a judge who had recused herself could erode confidence in the judiciary.
He therefore enjoined 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.
