A petition has been submitted to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, by former Kaduna State governor, Nasir El-Rufai. The petition calls for the removal of Justice R.M. Aikawa, who is presiding over El-Rufai's trial, from the case and requests its reassignment to another judge.
Justice Aikawa is currently overseeing a trial involving El-Rufai and a co- defendant, which includes ten charges related to alleged abuse of office, money laundering, and fraud, with a total sum of N579.6 million and $1.1 million. The charges were brought forward by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). A hearing for bail in this matter is scheduled for April 14.
In the petition, dated April 9, 2026, El-Rufai implored the CJN to relocate the case to another judge within the Kaduna division of the Federal High Court. He also urged for any necessary administrative actions to be taken to protect the integrity of the judicial proceedings and maintain public trust in the courts.
El-Rufai stated that Justice Aikawa's continued involvement in the case is "untenable in law, prudence, common sense and judicial ethics." He cited concerns regarding alleged bias and the judge's 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," the petition reads.
Furthermore, El-Rufai pointed out that there are existing petitions against Justice Aikawa, alongside unresolved complaints of alleged bias currently under review by the Chief Judge of the Federal High Court and the National Judicial Council (NJC).
The former governor asserted that the current criminal charge presents a unique confluence of factors that necessitate the reassignment of the case.
He elaborated that "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."
He also noted the "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."
El-Rufai stressed that "Objective appearance of bias: Even if actual bias is denied, the appearance of bias is unavoidable, which the law treats as equally fatal."
He warned of an "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."
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