The legal representatives of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), have urgently appealed to the Chief Justice of Nigeria (CJN) to intervene in the stalled reassignment of Kanu’s case. In a compelling letter, lead counsel Aloy Ejimakor pressed the CJN to instruct the Chief Judge of the Federal High Court to transfer the case to a new judge, following Justice Binta Murtala-Nyako’s recusal in September 2024. The defence contends that the judge’s continued association with the trial threatens judicial integrity and erodes public faith in the system.

According to the petition, Justice Murtala-Nyako stepped aside after Kanu’s team flagged concerns over judicial bias. Yet, in a twist the defence deems legally dubious, the Chief Judge reassigned the case back to her despite the recusal. “The order of recusal is extant and subsisting,” the defence asserted, leaning on Supreme Court rulings like Okoduwa v. State (1988) and Ogboru v. Ibori (2005), which hold that a judge who recuses herself cannot revisit the same matter. The team also noted an unresolved complaint lodged against Justice Murtala-Nyako with the National Judicial Council (NJC).

Tensions escalated when, on February 10, 2025, Kanu was summoned to appear before the recused judge. His lawyers fiercely objected, arguing that this breached principles of judicial fairness and Kanu’s constitutional right to an impartial hearing. The court ultimately adjourned the matter indefinitely. Ejimakor warned that allowing Justice Murtala-Nyako to proceed risks tarnishing the judiciary’s reputation, urging not only a reassignment but also a relocation of the trial to the South-East due to security issues and a perceived reluctance among Abuja-based judges to take on the case.