High Court Chief Judge denies Nnamdi Kanu’s request on Justice Nyako to recuse herself from his case
The Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho, has rejected the request by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, for Justice Binta Nyako, to recuse herself from his case.
Justice Tsoho returned Nnamdi Kanu’s case file to her to handle, saying two other judges were previously recused from the case.
Justice Tsoho stated that Kanu’s case was reassigned to Justice Nyako due to its prolonged nature as far back as 2015.
Since she had handled the case for the most part, she was deemed the most suitable judge to see it through to its conclusion.
However, the Chief Judge directed that if at the next hearing of the case, Kanu still insists on recusing Justice Nyako, he must file a written motion on Notice, with an affidavit, stating all the grounds for requesting the recusal.
Kanu must also serve it on the prosecution team, and appear before Justice Nyako for her review and determination, then she can make her decision.
Kanu’s Special Lawyer, Aloy Ejimakor, confirmed the development to Channels Television. He added that Kanu’s team is waiting for an official notice from the court and a new hearing notice.
Justice Nyako earlier recused herself from the case following an oral application by Kanu and his lawyer, Aloy Ejimakor. He had expressed his displeasure and loss of confidence in Justice Nyako, accusing her of disregarding Supreme Court orders.
What was the reasons that the Chief Judge of FHC gave in returning the case file to Binta Nyako.
When Nnmdi Kanu made the request in an open court, the judge recuse herself of the case. It will be abuse of office for the chief judge to insist that she should continue with the case. In the circumstances a new judge should be appointed to deal with case. Justice Nyako have seen that she will not be impartial in the case and that is why she executed herself in the case.
It legally imperative that where a judge excuse himself or herself from a case due conflict of interest or impartiality that should be honoured. The chief judge has failed to summised his reasons to continue this illegal production of the IPOB boss.
There are other Nigerians in his positions who are freed without prosecution such as Sunday Igboho and the Melta Allah boss. Their were briefly detained and release. Nnmdi Kanu was not offered the same treatment because of where comes from.