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Monday 7 March 2016



Nnamdi Kanu
The court proceedings in the resumed hearing of Nnamdi Kanu's case, which started at about 9:52am, 7th March, 2016 saw the Director of Radio Biafra cum Leader of the Indigenous People of Biafra, Nnamdi Kanu majestically walking into the courtroom with beaming smiles, along with two other accused defendants.
The Nigerian Government had proceeded in raising a motion to change their prosecuting Counsel who was hitherto Labaran to Moses Idakwo, but this was objected by the Counsel to Kanu, Barrister Chuks Muoma (SAN). Countering the choice of Moses Idakwo as the new legal Counsel to the Federal Government, Barrister Muoma had argued that Idakwo is a principal agent of Nigeria's Department of State Security(DSS) and does not belong to any notable office of the Attorney General. He also stated that by affidavit of investigation, he is also a member of the complainant and as such cannot be a Prosecutor at the same time.
There was a moment of comic relief when the Federal Government again, failed to produce a witness to testify against Kanu. The FG's Prosecutor claimed that the masked witnesses have refused to show up due to fear, tendering to the trial Judge, John Tsoho a purported piece of paper of an alleged threat to the life of one of the prospective witnesses which the Judge refused to acknowledge as an appropriate and genuine exhibit . In furtherance of that, Kanu's Counsel, Barrister Muoma, rubbished the FG's presentation and queried the reaction of the Judge if such had emanated from him.
Barrister Ifeanyi Ejiofor, one of the members of the legal team on the side of Kanu raised an evidence of notice on the threat to his life by the DSS. He stated that he was threatened by a female DSS official when he directed that Kanu's family members be allowed to enter the court. Barrister Chuks Muoma, enraged by the threat to life of one member of his legal team piqued why the distraction from the DSS. The Judge also infuriated by the distraction coming from the DSS, said he had taken note of the threat to Barrister Ejiofor's life. Chuks Muoma the legal counsel categorically told the honorable court that he won't be a party to a situation where a lawyer's life would be threatened by DSS officers in Nigeria. He went further to state that without lawyers there would be no "court" He continued by telling the honorable court to do the needful regarding the threat to the life of Mr Ejiofor which Hon Justice John Tsoho acknowledged saying he would react over it
The hearing was filled with arguments and counter argument, while the Federal Government's Prosecutor runs from tree to pole in defence of their failure to produce witnesses and obey various court orders. The Biafran legal team intensified the unleashing of more questions and observations that the court and the audience marvelled at the dept of instabilities and confusions that clad the Prosecutor's responses. Kanu's Counsel told the Court that no matter the pranks of the Prosecutor in delaying to produce their witnesses, that he would wait till Friday.
"If the Prosecutor continue to rigmarole, not calling his witnesses, I am still here till Friday, or anytime they want to call in their witnesses" he said.
Earlier, the Federal Government prosecutor had said that their witness could not appear in court because of threat messages they received from Biafra agitators and one would wonder how witnesses that has not showed up in court and whom the prosecutor is praying the court to permit appearance on mask could be threatened when his identity is assumed to be unknown. If the identity of the witnesses are known by the defendants, what is the need of being masked in the first place. It is in fact unprecedented the amount of corruption going on among the Nigerian Judicial system and law enforcement agencies.

Justice John Tsoho

There was however a dramatic twist of event when on resumption from break, the presiding judge, Justice John Tsoho decided to revisit his previous judgement against secret trial and masked witnesses to uphold same,... a judgement which the counsel to the defendant  has opted to appeal. The judge reminded Chuks Muoma of the case in Ivory Coast in respect to Gbabo where the witnesses testified via camera. SAN Chuks Muoma once again reminded the judge that Ivory Coast operates civil law system where the accused is assumed to be guilty and stands to argue out his innocence while Nigeria operates common law system where an accused is innocent till he is found guilty by the court. Chuks Muoma equally told the honorable court that his client, the defendant has been discharged and acquitted by the previous courts, yet he was not released, and went further to say that detaining his client, the defendant, Nnamdi Kanu for over 90 days by the DSS after disobeying the earlier court rules to let him go was indeed unprofessional and a breach of rule of law enshrined in the Constitution. The judge activated bully by asking the SAN if he wants to insult him, but the SAN replied him sharply by reminding him that he is 45 years old in legal profession and have never been found wanting by any judge. Chuks Muoma told the court that for over 45 years in his his legal profession he hasn't seen or heard where a case which was ruled before was brought back again, regarding the previous court proceedings on the 19th February 2016, where justice John Tsoho overruled that masquerades won't testify in the court, but today 7th March 2016, the same judge Tsoho agreed to that effect, saying he will use screen to safeguard or rather protect the identity of the so called witnesses....same witnesses which the prosecutor said could not appear in court because of threat messages they received. Bar. Chuks Muoma reacted to that effect telling the honorable court that how is it possible that the life of a masquerade witness which one haven't seen before  would be threatened, saying he doesn't believe that. One would wonder the essence of hiding a witness whose identity is already known to the defendants. Ridiculous and ironical.
At the end of the dance of shame by the Federal Government and its agents, the judge, Justice John Tsoho adjourned the continued hearing to 9th March, 2016.

From our Correspondence, Cynthia and Okoro in Abuja, Nigeria

Edited By Ikechukwu Nwaorisa

1 comment

  1. Unu anokwala n'miri ncha a ba unu Anya.ndi Nigeria chowadi etu anyi shi agwu. Biko, unu saakwa Anya n'mmiri. Unu agbadila nkiti


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