Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has formally petitioned the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, seeking intervention regarding the reassignment of his case. This action comes after Justice Binta Nyako recused herself from the trial in September 2024, yet the case was subsequently reassigned to her by the Federal High Court's Chief Judge.
In a letter dated February 19, 2025, Kanu's Special Counsel, Barrister Aloy Ejimakor, expressed concerns over the Chief Judge's refusal to assign the case to a different judge. The letter emphasized that Justice Nyako's recusal was prompted by perceived bias, notably her refusal to reinstate Kanu's bail despite a Supreme Court ruling that questioned her impartiality.
The legal team highlighted that, following Justice Nyako's recusal, the prosecution requested the case be re-listed before her, a move Kanu's defense opposed. They argued that the existing recusal order legally prevents Justice Nyako from presiding over the trial. Despite these objections, the Chief Judge reassigned the case to Justice Nyako, leading to Kanu's summons on February 10, 2025.
Upon receiving the hearing notice, Kanu's defense team protested the reassignment and requested the case be transferred to a court in the Southeast, citing credible information that no other judge in the Abuja Division was willing to take the case. Additionally, they noted that Kanu had filed a complaint against Justice Nyako with the National Judicial Council, which remains pending.
The letter to the CJN references the Supreme Court's decision in Okoduwa v. State (1988), which held that a judge's withdrawal due to allegations of bias renders any subsequent involvement in the same case improper. Kanu's legal team urges the CJN to direct the Federal High Court's Chief Judge to assign the case to a court with appropriate jurisdiction to ensure a fair trial.
As of now, there has been no official response from the office of the Chief Justice regarding the petition.