Mazi Nnamdi Kanu’s lead counsel, Aloy Ejimakor, has declared that Justice Binta Murtala-Nyako no longer possesses the legal authority to preside over Kanu’s trial, citing an existing court order recusing her from the case since September 24, 2024.
In a press statement issued today, Ejimakor described the latest court proceedings involving Kanu as “a nullity” because Justice Nyako had already been recused and could not legally conduct any further hearings. He insisted that the judge lacked jurisdiction, and her order for an adjournment sine die (indefinitely) was also invalid.
Ejimakor argued that the court’s recusal order remains unchallenged and binding, making any attempt by Justice Nyako to revisit the case unlawful. He referenced several legal precedents, emphasizing that once a judge recuses themselves from a case, they become functus officio, meaning they can no longer exercise authority over the matter.
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Furthermore, he revealed that Kanu had filed a petition against Justice Nyako on January 14, 2025, alleging judicial misconduct. According to him, allowing the judge to continue presiding over Kanu’s case while the petition is still pending violates principles of natural justice and fairness.
Ejimakor also detailed reasons why Kanu sought the judge’s recusal, including:
- The judge’s previous order remanding Kanu in DSS custody without notifying his legal counsel in June 2021.
- The refusal to transfer Kanu from DSS detention to a regular prison facility, raising concerns about fair trial rights.
- The Supreme Court’s ruling that questioned the impartiality of Justice Nyako following her earlier revocation of Kanu’s bail.
Additionally, Ejimakor criticized the Federal Government’s handling of the case, arguing that if no judge in Abuja is willing to hear the matter, the trial should be transferred to the Southeast, where the alleged offenses were committed. He stressed that detaining Kanu indefinitely without trial is unconstitutional, urging authorities to either proceed with the case lawfully or release him.
He concluded by calling on the government to discontinue the trial and restore Kanu’s bail, asserting that the prolonged detention was driven by political motives rather than legal principles.
The legal team now awaits the Federal Government’s response to their demands.
