Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has firmly opposed the reassignment of his case to a judge who had previously recused herself, urging strict adherence to the rule of law.
In a message conveyed to the general public, shared on X byhis counsel, Aloy Ejimakor, Kanu criticized the move, stating:
“It would be foolish of him to yield to the gross illegality of a judicially recused Judge continuing to preside over his case when the Supreme Court of Nigeria stated unequivocally that the impartiality of the same Judge is suspect.”
He further questioned the authorities’ insistence on reinstating the judge, saying:
“Rather than needlessly pontificating over the merits or otherwise of the Chief Judge reassigning this case to the same recused judge, people should ask why the authorities are persisting on the illegal path of assigning his case to a Judge who was recused by a valid order.”
Kanu emphasized that the rule of law must be upheld, stating:
“Adherence to the rule of law requires that every government department or agency, including the office of the Chief Judge, must respect a valid court judgment. It is unlawful for the Chief Judge to insist or seek to overturn the decision of a properly constituted court of law.”
He also underscored that the recusal order is binding on both the Chief Judge, Hon. Justice John Tsoho, and the federal government of Nigeria, asserting:
“The order of recusal is binding on the Chief Judge (Hon. Justice John Tsoho) and the federal government of Nigeria. As such, the order cannot be set aside by a mere memo of the Chief Judge. One of the statutes that forbears the Chief Judge from interfering with Justice Binta Nyako’s order of recusal can be found at Section 1(c) of the National Judicial Institute Act, CAP. N55, Laws of the Federation of Nigeria 2004 titled THE NATIONAL JUDICIAL POLICY, and it reads: ‘A judge must not take or attempt to take orders or instructions of any kind from anyone that may influence his decision in the performance of his judicial functions.'”
Kanu concluded by insisting that the Chief Judge has no legal authority to override the recusal decision, stating:
“Thus, the Chief Judge of the Federal High Court has no legal authority to interfere with the judicial decision of a fellow judge to recuse herself from his case. This brazen attempt to impose Justice Binta Nyako contrary to a subsisting court order and key statutory provisions does not comport with rule of law and therefore cannot stand.”
Nnamdi Kanu had stated, during the last hearing that he was in court only for the respect he has for the rule of law.
