The legal team representing Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has declared that Justice Binta Murtala-Nyako can no longer preside over his trial, citing her earlier recusal from the case.
Barrister Aloy Ejimakor, who leads Kanu’s defense, issued a statement on Monday following Kanu’s appearance at the Federal High Court in Abuja, where the case was adjourned indefinitely. The legal team insists that Justice Nyako’s withdrawal was a definitive “judicial event” stemming from her court order dated September 24, 2024.
Kanu’s legal team emphasized that the judge’s decision to step aside remains legally binding and was never appealed. They argued that her recent attempt to oversee proceedings on February 10, 2025, contradicts established legal principles.
“A plain reading of the Order shows that Her Lordship graciously consented to the recusal, and that alone amounts to something,” the statement read. “The said Order is extant and subsisting and was never appealed. So, to this day, it remains valid in all ramifications, such that it strains the legality of the hearing conducted before the same judge today.”
The lawyers further stressed that Justice Nyako has become functus officio, a legal term meaning she no longer has jurisdiction over the case.
“The principle of functus officio is not just a procedural technicality. It speaks to the competence of a court to revisit a matter it has already ruled upon,” they stated. “Once a judge delivers a decision or makes an order on a case, they lose the power to give another ruling on the same issue.”
Kanu’s legal team also disclosed that their client had filed a formal judicial misconduct petition against Justice Nyako on January 14, 2025, further disqualifying her from handling his trial.
“This alone, without more, is enough to oust the Justice from subjecting Mazi Kanu to any trial before her court,” the statement read. “It is against the rule of natural justice, equity, and good conscience for a judge, against whom a defendant has filed a petition, to continue presiding over the same defendant’s case.”
They likened the situation to a judge ruling in a case where they are also a defendant. “It is as clear as day. You cannot be a judge in your own case,” the legal team added.
The statement concluded with a call for the Federal Government to end Kanu’s prolonged detention, stating that his trial has been marred by political interference since it began in 2015.
“We make bold to say that the ball is firmly and exclusively in the court of the Federal Government. Since it has failed to bring Mazi Nnamdi Kanu to trial within a reasonable time, the next best course of action—both lawful and constitutional—is to release him.”
The lawyers urged authorities to either restore his bail or discontinue the politically tainted case, which they argued has dragged on for a decade.
With mounting legal and political pressure, the Federal Government now faces a crucial decision: continue what IPOB’s legal team calls a flawed and compromised trial or bring the saga to an end.
PIONEER NEWS 