Detained Indigenous People of Biafra (IPOB) leader Nnamdi Kanu has formally called on the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, to intervene in his trial following the controversial reassignment of his case to Justice Binta Nyako.
Kanu’s appeal comes after his lead counsel, Aloy Ejimakor, argued that the judge had voluntarily recused herself on grounds of alleged bias on September 24, 2024. Despite her recusal, Justice Nyako was ordered by the Chief Judge of the Federal High Court, Justice John Tsoho, to continue presiding over Kanu’s trial, a decision that has raised significant concerns about the fairness of the proceedings.
Kanu, facing a seven-count terrorism charge, insists that once a judge withdraws, they must not be reinstated in the case under any circumstances. In a letter dated February 20, 2025, Kanu appealed for his case to be transferred either to another judge in Abuja or to a court in the South-East, where most of the alleged offences took place and key witnesses are located.
His counsel emphasized that this transfer is not only a legal necessity but also essential to preserving public confidence in the judiciary. Counsel Ejimakor, referencing Supreme Court rulings in Okoduwa v. State (1988) and Deduwa v. Okorodudu (1976), argued that the principle of recusal must be upheld to guarantee an impartial hearing.
He criticized the Chief Judge for ignoring this legal mandate and noted that the decision to reassign the case to Justice Nyako undermines the constitutional right to a fair trial under Section 36(1) of the Nigerian Constitution.
