El-Rufai Seeks Removal Of Justice Aikawa From Trial

Former Kaduna State governor, Nasir El-Rufai, has petitioned the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, seeking the reassignment of Justice R.M. Aikawa of the Federal High Court, Kaduna, from his ongoing trial and that of his co-defendant.

Justice Aikawa is presiding over a 10-count charge bordering on alleged abuse of office, money laundering, and fraud involving N579.6 million and $1.1 million, filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

A bail hearing in the case has been scheduled for April 14.

In a petition dated April 9, 2026, El-Rufai urged the CJN to transfer the matter to another judge within the Kaduna division and to take any administrative steps necessary to safeguard the integrity of the proceedings and public confidence in the judiciary.

He said the continued handling of the case by Justice Aikawa was “untenable in law, prudence, common sense and judicial ethics,” citing alleged bias and concerns over judicial conduct.

“Given the pending disciplinary complaints, the history of the proceedings, and the current refusal to recuse, and every sign of judicial capture of the subject judge, the continued handling of this criminal matter, which involves my liberty and other fundamental rights, by Hon. Justice R. M. Aikawa is untenable in law, prudence, common sense and judicial ethics,” he said.

El-Rufai further explained that there are pending petitions against the judge, as well as unresolved complaints of alleged bias currently before the Chief Judge of the Federal High Court and the National Judicial Council (NJC).

The former Kaduna State governor said the case presents a rare but clear convergence of factors that necessitate re-assignment of the criminal charge.

He said “Pending petitions against the same Judge: Multiple unresolved complaints alleging bias are still before the Chief Judge of the Federai High Court and the National Judicial Council.

“Identity of subject matter: The earlier proceedings and the present criminal charge involve the same litigant, arose within the same judicial division, and engage overlapping factual and political contexts.

“Objective appearance of bias: Even if actual bias is denied, the appearance of bias is unavoidable, which the law treats as equally fatal.

“Institutional risk: Allowing Justice Aikawa to continue with this criminal trial risks undermining public confidence in the Judiciary, compromises the integrity of the proceedings, and exposes the entire process to almost certain appellate reversal—by which I would already have suffered irreparable injustice and extended loss of personal liberty.

“With respect, we submit to Your Lordship, the Chief Justice of Nigeria, that the only proper option Justice Aikawa ought to have taken was: a. assignment ab initio to another Judge in the Kaduna Division, or b. referral to His Lordship, the Chief Judge, for re-assignment or transfer to another Division of the Federal High Court, if necessary.

“It is the failure of Justice Aikawa to adopt either of these honourable options that has now necessitated this update and the provision of further information to my earlier petition of February 2025, and Your Lordship’s expedited intervention.”

“In light of the foregoing, we respectfully urge Your Lordship, the Chief Justice of Nigeria, to: direct the Chief Judge of the Federal High Court to implement the immediate re-assignment of the pending criminal matter involving my codefendant and me from Hon. Justice R. M. Aikawa;
assign the same either to the other Judge currently sitting in the Kaduna Division or to another Judge of the Federal High Court; furnish this update, the additional information herein, and the conduct of Justice Aikawa to the Preliminary Assessment Committee for consideration; and issue such further administrative directions as may be necessary to safeguard the integrity of the proceedings, uphold public confidence in the administration of justice and protect the integrity of the Judiciary.”