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RESCUSALš„LEGAL VISITATION UPDATE TO MAZI NNAMDI KANU FROM HIS LEGAL SPECIAL COUNSEL ALOY EJIMAKOR
VISITATION UPDATE:
During our routine visitation today with Onyendu Mazi Nnamdi Kanu, he instructed the Legal Team to convey the following to the general public:
1, That 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.
2, That 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?
3, He stated that 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 judgement. It is unlawful for the Chief Judge to insist or seek to overturn the decision of a properly constituted court of law.
4, That 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".
5, 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.
f/MAZI NNAMDI KANU.
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