The detained leader of Igbo separatist group, 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 to another judge following the recusal of Justice Binta Murtala-Nyako.
In the petition filed on his behalf by his Special Counsel, Barrister Aloy Ejimakor, Kanu demanded the reassignment of his case file to another judge since Nyako has already recused herself and wondered why Justice Tsoho has refused to give the case to another judge.
In the petition made available to journalists in Wednesday, Kanu noted that since Justice Nyako had withdrawn from the case, there was no reason for her to continue as she stands recused and any judgement delivered by her will be a nullity.
“This case commenced in 2015 and was pending trial before Honourable Justice Binta Murtala-Nyako until 24th September, 2024, when His Lordship, pursuant to the request of our Client, recused himself from presiding over the trial; and accordingly entered and enrolled an Order of recusal thereof.
“Our Client’s request for the said recusal was propelled by his keen apprehension of bias, stemming from several pronouncements made against our Client by the recused Judge, including in particular His Lordship’s refusal to restore our Client’s bail despite the pronouncement of the Honorable Supreme Court against His Lordship’s prior revocation of our Client’s bail and in which same judgement the apex Court had also stated that the ‘impartiality of the said recused Judge has become suspect’.
“Despite the foregoing, the Complainant wrote to the Court on 5th December, 2024, requesting that the case be re-listed for trial before the recused Judge (i.e. Honourable Justice Binta Murtala-Nyako).
“In our reaction, we countered with a reply, opposing the re-listing or reassignment of the case to the same Judge because the order of recusal – being extant and subsisting – legally barred His Lordship from presiding over the trial or has otherwise ousted the jurisdiction of that particular Court.
“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 10th February 2025, our Client was summoned to appear for trial before the same Judge.
“In the meantime, the Defendant had – on 14th January 2025 – filed a Complaint against the said recused Judge before the National Judicial Council and the said Complaint is still pending.
“Despite the foregoing, the said Honourable Judge neither responded to our said letter nor reassigned the case to a Judge other than the said Judge that was recused.
“Thus, on the said 10th February 2025, we – out of our abiding respect for the sanctity of the court – appeared under protest before the recused Judge, whereupon the said court (sans jurisdiction) entered an order of adjournment sine die.
“This apex court has pronounced in a plethora of cases that a Judge who has demonstrated bias or is perceived to be biased ought to recuse himself.
“This stare decisis was emphasized in Deduwa v. Okorodudu (1976) 10 SC 329, in which the Supreme Court held that justice must not only be done but must be seen to be done.
“And to be sure, recusal of a Judge is anchored on the constitutional right to a fair hearing as provided under Section 36(1) of the Nigerian Constitution which guarantees the right of our Client to be heard by an impartial tribunal.
“Your Lordship, it is thus on the basis of the foregoing that we were left with no other choice than to bring this matter before Your Lordship, praying that Your Lordship invoke your administrative powers as the head of the judiciary in Nigeria to halt this gross miscarriage to the Defendant and direct the Chief Judge of the Federal High Court to reassign this case to another Judge in the Abuja Division of the Federal High Court or any of the Divisions in Southeast Nigeria,” the petition stated.
