Judge recusal: Kanu’s lawyers seek CJN’s intervention in treason trial

The legal team representing Mazi Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has petitioned the Chief Justice of Nigeria (CJN), seeking his urgent intervention in the reassignment of Kanu’s case.

In a letter addressed to the CJN, lead counsel Aloy Ejimakor urged the judiciary’s top authority to direct the Chief Judge of the Federal High Court to assign the case to a new judge, following Justice Binta Murtala-Nyako’s recusal in September 2024.

Kanu counsel argues that Justice Murtala-Nyako’s continued involvement in the trial undermines judicial integrity and public confidence in the legal process.

The letter held that after Kanu’s defense team raised concerns about judicial bias, Justice Murtala-Nyako voluntarily recused herself from presiding over the matter. However, in a move that the defense describes as legally questionable, the Chief Judge of the Federal High Court reassigned the case to the same judge despite her recusal.

“The order of recusal is extant and subsisting,” the defense argued, citing previous Supreme Court judgments affirming that a judge who recuses themselves cannot return to the same case.

The defense team also pointed out that they had filed a formal complaint against Justice Murtala-Nyako before the National Judicial Council (NJC), which remains unresolved.

According to counsel, despite raising these concerns, Kanu was summoned on February 10, 2025, to appear before the recused judge. His lawyers protested the move, warning that it violated principles of judicial fairness and constitutional rights to an impartial hearing.

The court, however, adjourned the matter indefinitely.

Ejimakor’s petition referenced key legal precedents, including Okoduwa v. State (1988) and Ogboru v. Ibori (2005), emphasizing that a judge’s withdrawal from a case due to allegations of bias renders any further involvement improper.

The lawyer warned that allowing Justice Murtala-Nyako to proceed with the trial could damage public trust in the judiciary.

In addition to requesting a reassignment, the defense team also urged that the trial be relocated to the Southeast, citing security concerns and an alleged unwillingness of Abuja-based judges to handle the case.