The legal team representing Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has written to Nigeria’s Chief Justice, Kudirat Kekere-Ekun.
They are asking for the case to be assigned to a different judge or moved to the South-East, where the alleged offenses took place.
Kanu’s case has been ongoing since 2015 and was handled by Justice Binta Murtala-Nyako of the Federal High Court in Abuja.
However, on September 24, 2024, Justice Nyako stepped down from the case following a request from Kanu. After recusing herself, she officially recorded her decision, which meant she could no longer handle the trial.
Despite this, on December 5, 2024, the prosecution asked for the case to be brought back before Justice Nyako. Kanu’s lawyers strongly opposed this move, arguing that once a judge steps down, they cannot preside over the case again.
In a letter dated February 19, 2025, Kanu’s lead lawyer, Aloy Ejimakor, urged the Chief Justice to ensure the case is properly reassigned. He pointed out that no other judge in the Abuja division was willing to take the case.
This, along with the fact that all witnesses are in the South-East, is why the legal team is requesting the case be moved there.
The lawyers also revealed that on January 14, 2025, they filed a formal complaint against Justice Nyako with the National Judicial Council, and the matter is still unresolved.
Nnamdi Kanu case reassignmentYet, on February 10, 2025, Kanu was summoned to appear before the same judge who had already recused herself. His legal team attended the hearing in protest, and the judge adjourned the case indefinitely.
Citing past Supreme Court rulings, the lawyers argued that a judge cannot return to a case once they have stepped down. They also emphasized that forcing Kanu to face the same judge could damage public confidence in Nigeria’s judiciary.
To prevent further legal controversy, the lawyers are now urging the Chief Justice to use her administrative power to ensure the case is either reassigned to a different judge in Abuja or transferred to a court in the South-East.
