The Chief Judge of the Federal High Court, Justice John Tsoho, has made a significant ruling in the ongoing treason trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB). After weeks of uncertainty, Justice Tsoho has directed that the case file should return to Justice Binta Nyako, who previously recused herself from the trial following Kanu’s request.

Justice Binta Nyako stepped down from the case on September 24, 2024, after Nnamdi Kanu expressed concerns about her ability to deliver a fair and impartial trial. Kanu, who has been at the forefront of the pro-Biafra movement, made it clear that he no longer trusted her to handle the proceedings objectively. This marked the third time a judge had withdrawn from the case, highlighting the legal challenges and delays surrounding Kanu’s trial.

Kanu’s legal team had argued that Justice Nyako’s previous rulings and the overall atmosphere in court left him with doubts about receiving fair treatment. In response, Justice Nyako recused herself from the trial, which caused a temporary pause in the proceedings.

However, Chief Judge John Tsoho has now reversed this pause by directing that Justice Nyako should resume hearing the case. Justice Tsoho set a condition: Nnamdi Kanu must file a formal application, supported by an affidavit, detailing the reasons why he seeks a new judge. This step ensures that Kanu’s concerns are presented in an official, structured manner rather than just through informal statements.

In addition, the prosecution is required to respond to this application, giving both sides an opportunity to address the issue in court. Justice Nyako will then review the submissions before making her decision on whether to stay or step down from the case once again.

Justice Tsoho’s ruling aims to avoid a repeat of a similar legal issue that occurred in the case of former Benue State Governor Gabriel Suswam. In Suswam’s case, Justice Ahmed Mohammed withdrew from a money laundering trial without following proper procedures, which led the Court of Appeal to overturn his withdrawal. The appellate court ruled that a judge could not withdraw without hearing from all parties and conducting formal proceedings.

To prevent this from happening again, Justice Tsoho has mandated that Kanu’s request to replace Justice Nyako be processed through formal applications and responses, ensuring that any decision made will stand on solid legal ground. This careful approach is intended to maintain the integrity of the judicial process while giving Kanu the opportunity to express his concerns in a structured way.

Nnamdi Kanu’s treason trial has been one of the most closely watched legal cases in Nigeria, with significant implications for the country’s unity and political landscape. Kanu, who is charged with treason for his role in leading the separatist IPOB movement, has seen his trial delayed multiple times due to legal issues, changes in representation, and now, the stepping down of three judges.

This latest development is another chapter in a trial that has attracted international attention. Kanu’s supporters argue that his demands for Biafran independence reflect the frustrations of marginalized communities in Nigeria, while the government views his actions as a threat to national security. As Kanu’s trial progresses, it remains to be seen whether Justice Nyako will continue to preside over the case or if another judge will take over.

With Justice Nyako back in charge of the case for now, the next step is for Kanu to file the necessary application explaining his concerns. The court will then review the application, and a decision will be made regarding whether to appoint a new judge. Meanwhile, the prosecution will have a chance to defend the current handling of the case.

As Nigeria watches the trial unfold, many are eager to see whether the judicial process will move forward smoothly or face further delays. The outcome of this case will not only affect Nnamdi Kanu and the IPOB movement but could also set a precedent for future cases involving high-profile defendants challenging the fairness of the court system.

For now, all eyes are on the Federal High Court as Justice Binta Nyako considers her next steps in the ongoing treason trial of Nnamdi Kanu.