THE detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has petitioned the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, over the refusal of the Chief Judge of the Federal High Court, Abuja, Justice John Tsoho, to reassign his case following the recusal of Justice Binta Murtala-Nyako.
Kanu, through his Special Counsel, Aloy Ejimakor, argued that since Justice Nyako had withdrawn from the case, she should no longer preside over it, and any ruling she delivers would be invalid.
In the petition made available to journalists today, Kanu urged the CJN to intervene and direct Justice Tsoho to reassign the case to another judge.
“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,” the petition read.
Kanu’s legal team highlighted that the case had been ongoing since 2015 and was presided over by Justice Nyako until September 24, 2024, when she recused herself following concerns over bias.
However, despite her withdrawal, the prosecution requested the case be re-listed before her, a move Kanu’s team opposed.
Ejimakor further noted that Kanu had filed a formal complaint against Justice Nyako with the National Judicial Council (NJC) on January 14, 2025, which remains unresolved.
Despite this, the Chief Judge reassigned the case to the same judge, prompting Kanu’s legal team to appear under protest when the matter came up on February 10, 2025.
“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 February 10, 2025, our Client was summoned to appear for trial before the same Judge,” the petition stated.
As an alternative, Kanu’s legal team also requested that the case be transferred to a Federal High Court in the Southeast, arguing that no other judge in the Abuja Division was willing to take it and that the alleged offenses primarily had an impact in the region.
Citing legal precedents, the petition emphasized that a judge who recuses themselves is legally disqualified from further handling the case, in line with Section 36(1) of the Nigerian Constitution, which guarantees the right to a fair hearing before an impartial tribunal.
Kanu’s legal team urged the CJN to exercise administrative authority to prevent what they described as a “gross miscarriage of justice” and to ensure the case is reassigned to another judge in Abuja or the Southeast.
