Opinion
The Legal and Ethical Crisis in Mazi Nnamdi Kanu’s Trial Before Justice Binta Nyako
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By Lemmy Ughegbe, Ph.D
In examining the ongoing trial of Mazi Nnamdi Kanu before Justice Binta Nyako of the Federal High Court, I will limit my intervention to a singular but critical issue of law: the principle of judicial impartiality and the implications of alleged bias in adjudication.
It is a fundamental tenet of justice that no judge should preside over a matter in which their impartiality has been reasonably called into question. The principle of nemo judex in causa sua, that no one should judge their own case, is fundamental to fair trials and honest courts.
The moment a litigant formally raises concerns about a judge’s neutrality—whether due to perceived bias, vested interest, or a history of contentious rulings against them—the judge is legally and morally bound to step aside to prevent any appearance of partiality.
Courts have repeatedly held that even the mere perception of bias is enough to vitiate judicial proceedings because justice must not only be done but must be seen to be done.
The Supreme Court of Nigeria has consistently reinforced this principle.
In Dime v. Proprietors of Grand Junction Canal (1852) 3 HLC 759, it was held that a judge must recuse themselves from any case where they have a direct or indirect interest. Similarly, in Metropolitan Properties Co Ltd v. Lannon (1969) 1 QB 577, Lord Denning held that the test for determining judicial bias is whether a reasonable observer, with knowledge of all relevant facts, would conclude that there is a real likelihood of bias. This principle has been followed in Nigeria in Ameh v. Sosanya (2010) 6 NWLR (Pt. 1190) 144, where the Court of Appeal ruled that judicial officers must disqualify themselves if there is even an appearance of bias, regardless of whether actual bias exists.
Furthermore, in Kenon v. Tekam (2001) 14 NWLR (Pt. 732) 12, the Supreme Court held that where a judge is accused of bias or partiality, they should, in the interest of justice, disqualify themselves from presiding over the case.
The Court emphasised that a judge does not need to have actual bias; the perception of bias alone is enough to warrant recusal.
In the present case, there is no ambiguity regarding the legal status of Justice Binta Nyako’s continued involvement in Mazi Nnamdi Kanu’s trial. A valid and binding court order has already recused her from presiding over this matter.
This means that any further proceedings conducted under her authority are not merely irregular but illegal. Her insistence on continuing with the trial despite this judicial directive constitutes a grave violation of due process and a blatant disregard for the rule of law.
Even more alarming is Justice Nyako’s admission that she is aware of the recusal order, but is proceeding based on a letter from the Chief Judge of the Federal High Court instructing her to continue with the trial.
This raises serious concerns about her understanding of the law. It is trite that an administrative letter from the Chief Judge does not and cannot amount to a judicial order setting aside a valid and subsisting order of a court of competent jurisdiction.
To suggest otherwise is to embrace legal absurdity and crass ignorance. The only lawful means of setting aside the recusal order is through a properly filed motion before a superior court, leading to a formal ruling that overturns the earlier decision.
Any attempt to disregard an existing order based on an administrative directive is a direct affront to the independence of the judiciary and the sanctity of judicial pronouncements.
The Nigerian Constitution, particularly Section 36(1), guarantees every individual the right to a fair hearing by an impartial tribunal.
Furthermore, international human rights instruments, including the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR), reinforce the necessity of judicial independence and the right of an accused person to be tried before an unbiased judge. Justice Nyako’s refusal to step aside, despite a clear order to do so, not only erodes public confidence in the judiciary but also exposes Nigeria to scrutiny under international legal frameworks.
Beyond the legal implications, the continued insistence on Justice Nyako presiding over this trial has wider socio-political ramifications.
The trial of Mazi Nnamdi Kanu is not just any criminal proceeding—it is one that has deep ethnic, political, and national security dimensions.
Given the sensitivity surrounding the case, judicial officials must exercise heightened caution to ensure that the process is above board.
Anything that suggests political interference or a compromised judiciary can further fuel agitation, resentment, and instability.
Moreover, the question must be asked: why is there resistance to reassigning this case to another judge? The Federal High Court has numerous competent justices capable of adjudicating the matter fairly. If the judicial system is truly impartial, then recusing a judge who has been formally ordered to step aside should not be an issue. Insisting that Justice Nyako must proceed with the trial, despite the binding order against her involvement, raises suspicions that there may be vested interests at play, which could undermine the credibility of the final verdict.
Upholding the rule of law in this case is not just about Mazi Nnamdi Kanu; it is about safeguarding the integrity of Nigeria’s judicial system.
If court orders can be disregarded, if accusations of bias are swept under the rug, and if due process is compromised for the sake of expediency, then no citizen is safe from judicial misconduct.
Justice should not be subject to political expediency or personal interests. The law must apply equally to all, and its processes must be transparent and beyond reproach.
It is, therefore, imperative that the valid recusal order against Justice Nyako be enforced without delay, and the case reassigned to an impartial judge.
Anything less would amount to a miscarriage of justice and further diminish public trust in the judiciary. The credibility of Nigeria’s legal system depends on its ability to uphold fundamental principles of fairness, justice, and the rule of law—without compromise.
Lemmy Ughegbe, Ph.D writes from Abuja
Email: lemmyughegbeofficial@gmail.com
+2348069716645
Opinion
Babangida’s Confession and Atonement: Quo Vadis?
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By Professor Mike Ozekhome, SAN, CON, OFR, LL.D.
I have carefully read and listened to former Nigerian military president, General Ibrahim
Badamosi Babagida’s public remorse and regrets over the atrocious annulment of the June
12,1993 presidential elections. He did this 32 whopping years later. I want to very quickly say
that it takes a man with strong guts and balls and a man who has become repentant, born
again and has seen the face of God to publicly recant his earlier wrongful deeds and offer
public apology to the entire nation. This was no doubt meant to heal gapinng wounds and
balm wounded and bruised hearts.
The polls, the best, most transparent and credible elections, ever held in Nigeria till date,
were meant to end decades of military d The annulment threw Nigeria into turmoil and
widespread unreast, protests, maimings and killings. This forced Babagida to “step aside”;
the enthronenent of the Enest Shonekan’s Interim Government; and the arrest and detention
of Chief Moshood Abiola, the presumed winner who later died in Aso Villa in questionable
and suspicious circumstances. Of course, General Sani Abacha who was his second in
command later sacked Shonekan in a bloodless coup. For years, IBB prevaricated on the
annulment, claiming he did it in the best national interest. But on Thursday the 21st of
February, 2025,Babangida during the presentation of his memoirs, “A journey In Service”,
pointedly regretted in the public: “I regret June 12. I accept full responsibility for the
decisions taken and June 12 happened under my watch. Mistakes, missteps happened
in quick succession. That accident of history is most regrettable. The nation is entitled
to expect my expression of regret “. And wait for it:: he acknowledged for the first time that
Abiola won the elections fair and square, trouncing his major opponent, Alhaji Bashir Tofa.
I want to salute Babagida for having the courage and humility to own up like a man; that
everything that happened during the June 12 crisis took place under him as the head of state
and the president who was also the Commander-in-Chief of the Armed Forces of the Federal
Republic of Nigeria. I salute him for acknowledging that his government which actually
organised unarguably the freest, fairest and most credible elections in the electoral history
of Nigeria when it introduced option A4 from electoral books that were hithenlrto unknown
to Nigeria or to the world. But unfortunately, regrettably like he now admits, he again turned
around to annul the same elections in a way that was most bizarre, curious and unnatural.
To me, that he has come out to open up to doing something wrong and egregious to a
bleeding nation should be appreciated. I believe that Nigerians should forgive him because
to err is human and to forgive is divine ( Eph 4:32 ). I personally have now forgiven him
because I was also a victim of the June12 crisis. It threw up all manners of challenges to me
as a person, where in my very youthful age; in my thirties, I found myself marching on the
streets of Lagos every day- from Ikeja bus stop roundabout, to Ikorodu road; up to Tejuosho
market; from there to Ojuelegba, Surulere; to Mushin; to Shomolu and Igando, Alimosho.
Everyday, we were on the streets, protesting the mindless annulment. Some of us were killed
in process; some were lucky enough to escape abroad on self exile. But some of us- very few
indeed- refused to flee our dear country; we stayed back. We stared at the military eyeball to
eyeball. We challenge authority and spoke truth to power. We challenged impunity and
repression. I suffered several detentions across different detention centres. I virtually could
not find means of livelihood for my youthful family because I was profiled, my phones bugged
and no briefs were coming in. But I personally forgive him because it takes tons of guts to
make public confession of having erred and atone for same as he has now done.
It is confession that leads to penance and penance leads to restitution and then forgiveness.
If Babagida were to die today, I believe that he will see the face of God because he has prayed
God to forgive him; and he has prayed Nigerians to forgive him. Beyond that historic and
epochal mistake of the annulment of the June 12 election which constitutes his original sin,
let me place it on record that Babagida is one of the greatest presidents that Nigeria ever had
in terms of his ingenuity, rulership mantra; ideas for national resurgimento; ideas that
contributed greatly to nation-building. These were aside the IMF-induced loans and pills
which he introduced and which we again valiantly fought against successfully.
Babagida it was who gave birth to the Federal Capital Territory and laid the solid foundation for virtually everything you see there today. His government was peopled by intellectuals and
not by half illiterates and quacks. He recognized and used intellects. He was luminous and he built bridges of understanding, friendship and brotherhood across Nigeria. Nigerians,
please, accept IBB’s confession and forgive him his sin of annuling the June 12,1993
elections. Let the wounds heal; let the heart melt; and let the spirit of national triumphalism
prevail.
Opinion
DURBAR FESTIVAL: Ageless Heritage of Glamorous Display of Loyalty and Valour
Festivals world over are the most popular forms of celebrations in human existence. Whether as religious, culture, sports, film, arts and other traditional practices, festivals are pivotal events that could involve millions of people in the case of the religion related across the globe annually or periodically. They are events that bring people together and are characterized with merriments, ceremonies, and a lot of other forms of fun and bonding.
Nigeria as a multi ethnic and diverse society with over 250 ethnic groups is enriched with various forms of festivals observed annually with those of religions most prominent with the celebrations by Muslims and Christians. Similarly, the traditional worshippers retain their own forms of festivals all depending on the tribes and the culture involved. Several among the religious and cultural festivals in Nigeria include Christmas the celebration of the birthday of Jesus Christ, the Easter that heralds lent and the resurrection of Jesus after death while Islam has Eid-el Kabir and Eid El-fitri which is breaking of Ramadan fasting. At the level of culture and tradition there other festivals that comes to mind that includes Argungu fishing festival in Kebbi state, the new yam festival predominantly among the Ibo speaking tribes, Durbar festival, Calabar Carnival, Osun festival, Ojude Oba festival, Igue festival among the Benin people of Edo state, Oro festival, Osun festival, Sango festival, Egungun festival all among the Yoruba people, New Yam festival, Eyo festival popular among the people of Lagos Island in Lagos state and so on.
Durbar Festival
The word Durbar is traced to Persian and is connected with the ceremony marking the installation of Queen Victoria as the Express of Colonial India in 1877 while the word have been pronounced and propounded as “darbar” with dar meaning door and bar meaning entry or audience in Hindi-Urdu. In Nigeria, Durbar is a treasured cultural horse riding and display festival majorly among the Hausa people of the northern Nigeria to mark the Islamic holidays of Eid-el- Fitri [end of Ramadan} and Eid-el-Adha [the feast of the lamb]. The over 400 years old practice is said to have been introduced by Sarki Muhammadu Rumfa of Kano in the late 14th century as military parade and display when horses were used in battles to defend and protect the Emirate and also the opportunity to pay homage and demonstrate loyalty to the emir. It is also part of demonstration to showcase the readiness of the palace troops for battles and to also celebrate important political events. Available information has it that the first major Durbar in the country took place on the 1st of January, 1900 as part of the celebration to mark the transition of the Royal Niger Company to an imperial Protectorate.
Also known as horse ride festival it is worthy of note that horses and to some extent camels played prominent roles in the growth and developments of the today prominent Nigeria cities like Kano, Katsina, Zaria, Sokoto and Bida. In the 14th century before the sojourn of Christopher Columbus, aside being used during conquest and in battlefields under the command of the Madawaki who leads cavalry of horsemen with their horses loaded with various weapons, horses were used mostly for commercial activities particularly the trans Sahara trade expansion with items like salt, gold and farm produces.
Ceremonies
The activities and ceremonies involves “Hawan sallah” in Hausa language {meaning Mount of Eid} which in essence connotes the mounting of horse during the Eid or sallah celebration. The ceremonies begin with prayers at Eid grounds followed with parade of the Emir and his entourage on horses followed with drummers and trumpeters with the movement ending at the Emir’s palace. The parade includes hundreds of beautifully decorated horses with nobles in their best clothes followed by musicians and magicians all in a long procession in distinctive turbans {Rawani} clearly indicating their nobility and social status through streets to pay homage to the Emir. Other special attractions particularly in Kano Durbar which is acclaimed to possess the biggest parade of colouful horses in the world, include the display by the “hyena man” who carries out street performance with trained animals like hyenas and baboons which create a lot of excitements and entertainment for the hundreds of crowd in attendance.
The procession of the strictly male event showcases participants dressed in flamboyant turbans and robes with modes indicating their royal linage. Kano Durbar for example is four day event that commences with Hawan sallah on the day of Eid followed by the day 2 and most popular for its entertainment and glamour Hawan Daushe for the special visitation of the Emir and his colourful entourage to his mother in her domain. The display of various entertainers including magicians, drummers, dancers, stunt men and masquerades attract and witness the attendance and spectators across the globe. The other two days are for Hawan Nassarawa and finally Hawan Doriya which are both continuous aspects for merriment during the festival.
The Emir’s return from his mother’s visitation on the day 2 {Hawan Daushe} is followed by The Jahi that sees the him and his entourage ride through various important historical quarters and families before returning to the palace. On arrival the Emir in a military manner takes position to receive salutes and traditional greetings from the cavalry of riders along with the various district heads, their families and entourage in order of hierarchy. This is followed by the demonstration of loyalty and gallantry by all the riders and spectators present. After the homage and performances, [The Jahi] the palace guards take positions and fire several gunshots to signal the closure and end of the day and most important aspect of the four day festival.
Durbar festival has become annual festival celebrated across cities Northern Muslim dominated cities of Nigeria like Kano, Katsina, Sokoto, Zaria and Bida and was extended to Ilorin in Kwara state during Eid el-fitri and Eid El-Adha. Generally speaking, the Durbar festival is not just the most population cultural heritage of the Hausa people of the northern Nigeria and major parts of Niger republic but it is festival that unite and bring the people together to celebrate their unique historical and cultural heritage.
Durbar festival recently has witnessed more activities like car racing and other fun fairs that attract sons and daughters of Hausa decent, visitors and tourist annually to places like Kano, Katsina and Zaria. The glamour, popularity and attractions of Durbar particularly the Kano Durbar festival over the years, led to the recognition of the festival as one of the Intangible Cultural Heritage of Humanity by the UNESCO in in December 17, 2024. This laudable and significant achievement in the nation’s cultural heritage exemplified the extent to which the festival has become popular to the people and the role it places towards unifying the people through their rich cultural heritage. During the presentation of the UNESCO certificate, by the Permanent Delegation of Nigeria to UNESCO to the Minister of Art, Culture, Tourism and Creative Economy Barr. Hannatu Musawa, opined that the great achievement does “not only celebrates the beauty and unity of the festival but also creates opportunities for the preservation and promotion of cultural heritage. The country’s representative at the UNESCO in addition stated that “Having the Kano Durbar on the UNESCO list is a huge milestone for Nigeria” while the Minister in her view remarked that “the recognitions bring both international prestige and tangible benefits to the local economy”.
In comparison, while Ujude Oba yet another similar festival of the Ijebu people of Ogun state in Western Nigeria, entails the participation of both male and female across various age groups as part of the big sallah [Eid-edha] celebration of the Muslim faithful. While both festivals identify or are associated with royalty, palace events and horse riding, durbar is strictly a male show and more of an horse riding festival while the practice is just an aspect of horse riding is just an aspect of Ojude Oba festival.
It is hope that the recent drive by the present administration leverages on the recent recognition of Durbar by the UNESCO to create more awareness through wider media coverage with a view of boosting general interest and tourist attractions which shall cascade or stimulate growth of the sector and also serve as source revenue to the governments across all levels.
Abdulkareem A. Ikharo.
Curator [NCMM].
Abuja.
Opinion
Dr. Emmanuel N. Musa: Philanthropist Transforming Lives in Adamawa
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By Wilberforce Edward
As Nigeria continues to grapple with various socio-economic challenges, the selfless contributions of individuals like Dr. Emmanuel N Musa serve as a beacon of hope. A renowned philanthropist, Dr. Musa has been making waves with his tireless efforts to empower communities, particularly in Adamawa State.
Dr. Musa’s philanthropic journey is a testament to his commitment to giving back to society. Through his foundation, Emnamu Foundation, he has been providing scholarships, job opportunities, and infrastructure development to communities in need. His impact is felt not only in Hong Local Government Area but also across Adamawa State, the North East region, and beyond.
One of Dr. Musa’s most notable achievements is his unwavering support for education. He has awarded numerous scholarships to deserving students, enabling them to pursue their academic dreams. Additionally, he has provided job opportunities for youth and the aged, helping to reduce unemployment and poverty in the region.
Dr. Musa’s philanthropy extends beyond education and economic empowerment. He has also been instrumental in promoting peace and stability in communities affected by insurgency. His foundation has worked tirelessly to provide relief materials, shelter, and medical care to displaced persons.
Despite his remarkable achievements, Dr. Musa remains humble and dedicated to his philanthropic work. His commitment to giving back to society is genuine and not driven by political ambitions. As he continues to make a positive impact on the lives of many, Dr. Musa’s legacy as a renowned philanthropist is cemented.
As the 2027 governorship election in Adamawa State approaches, there are whispers that Dr. Musa may be considering a run for office. While this remains speculative, one thing is certain – Dr. Musa’s dedication to public service and philanthropy has earned him a reputation as a leader who truly cares about the welfare of his people.
As we celebrate Dr. Emmanuel N Musa’s remarkable philanthropic efforts, we are reminded that there are still good people in the world who are committed to making a positive difference. His selfless contributions serve as an inspiration to us all, and we can only hope that his legacy will continue to inspire future generations.
Wilberforce Edward is a public affairs commentator. He writes from Abuja-FCT.
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