•Court okays  secret trial; lawyers, others kick

From Godwin Tsa, Abuja

Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has said Nigeria would burn by the time he gives his testimony before the court in his alleged treason trial.
He also declared that President Muhammadu Buhari cannot intimidate him.
At a stormy court session in Abuja, yesterday, Kanu said the president may intimidate court judges, but not him.
The drama played out as the Federal High Court in Abuja ruled on an application seeking the protection of witnesses in Kanu’s ongoing trial, along with David Nwawuisi, Benjamin Madubugwu and Chidiebere Onwudiwe.
The court granted the Federal Government’s request to allow its witnesses be shielded with screen-guards.
Kanu and three others  are standing trial  on an 11-count charge bordering on treasonable felony and alleged involvement in acts of terrorism.
Specifically, the Federal Governnment had in the charge marked FHC/ABJ/CR/383/2015, alleged that the quartet conspired to commit treasonable felony contrary to, and punishable under section 516 of the Criminal Code Act, CAP. C38 Laws of the Federation of Nigeria, 2014.
Government also alleged that they committed the offence along with others now at large, on diverse dates in 2014 and 2015, in Nigeria and the United Kingdom.
In addition, the prosecution told the court that the defendant conspired among themselves to broadcast on Radio Biafra which is monitored in Enugu State and its environs, preparations they were making for states in the South-South zones and other communities in Kogi and Benue states, to secede from the Federal Republic of Nigeria with a view to constituting same into a Republic of Biafra.
Whereas the Federal Government identified Kanu as the arrow-head behind the “hate,” it fingered Onwudiwe as the national coordinator of IPOB movement.
They were arraigned before Justice Binta Nyako after Kanu said he had no confidence in the former judge, Justice John Tsoho.
The court had adjourned the application for protection of witnesses to December 13.
Delivering the ruling, Justice Nyako said the court would allow the witnesses some degree of protection.
The judge also said the court would set aside two days for rehearsals on how the witnesses will come in and depart from the court.
But Kanu vehemently opposed the secret trial. Fuming with anger in the dock, Kanu and his co-defendants told their counsel in the open court that they were opposed to the court ruling.
Mr. Ifeanyi Ejiofor, counsel to the defendants opposed a secret trial as it would be a gross violation of their rights to fair hearing.
“They were accused in the open, we also request that they be tried in the open. The defendants need to see those testifying against them eye-ball-to-eye-ball,” he said.
Kanu’s lawyer, Chux Muoma, warned his client to allow the counsel he employed to do his job without undue interference in court.
“Sit down! I am your counsel; let me talk. I have not come all the way here to allow you speak for me in court,” said Mr. Muoma. He apologised to the court afterwards.
Counsel to the other defendants said they would make a formal application against the ruling.
Shortly after, the defendants began to clamour for an opportunity to speak to their lawyers.
The judge, Mrs. Nyako, warned the defendants to desist from making her court rowdy. She said her ruling did not imply that the trial would be conducted in secret.
“It is not going to be a secret trial. The court will allow the defendants see the witnesses. The defendants’ counsel will also see the witnesses,” said Nyako.
The defendants challenged that position again, drawing the judge’s ire.
“If you don’t stop talking in my court I will assume you are becoming a nuisance in my court. And, if I assume so, I will continue this trial in your absence, so, do not try my patience.
“When you are in my court, you will do what I want. It’s like having a visitor in your house; you can serve the visitor food but, if he wants to eat, he will eat and if he doesn’t want to, he will not.”
After a brief recess, Kanu began to speak again.
“I will address this court! You cannot be killing my people and tell me that you will make me have a secret trial. That won’t happen! The president can intimidate the judges, but he cannot do that to me. Tell him he has lied.
“I won’t stand this travesty of justice. Buhari spoke in public, he accused me in public. I must also be allowed to stand my trial in public.
“This is nonsense! I will give testimony before this court! By the time I finish, there will be no Nigeria. This is no Sharia court. It is a court that operates under the common law.
“There will be no screening of witnesses, no fake identities or fake addresses. I cannot be tried in secret. No! Nnamdi Kanu cannot be jailed in secret! They are mad. Why must I be tried in secrecy by a government that does not obey court orders.
“They are killing my people in public, after killing my people they want to try me in private? That person is mad. I won’t allow it, “ Kanu said angrily.
The other defendants soon joined in the voice of opposition against the court’s ruling and the session became rowdy.
Outside the courtroom, Kanu’s supporters, who came from different states, protested the court’s decision, shouting: “We don’t want secret trial, this is democracy, the trial of our leader must be conducted in public.”
Reacting to the trial, Chief Goddy Uwazuruike, a lawyer said “the trial of Kanu has lost all pretence of judicial trial. It is now a political trial in all ramifications. Kanu is the first person to be tried in secret since 1999.
“Is this a fallout of the raid on judges? History is never kind to those who murder justice.”
There was wild protest yesterday after the Abuja division of the Federal High Court granted Federal Government’s request to protect the identities of prosecution witnesses in the ongoing trial of the detained leader of the Indigenous People of Biafra, Nnamdi Kanu and his co-defendants.
The protest masterminded by pro-Biafra agitators almost went violent following a scuffle with security operatives and ‎Prison officials who accompanied Kanu to court.
While storming out of the court room in anger, they vehemently ‎Outside the courtroom,
But inside the courtroom, Justice Binta Nyako ruled that the witnesses that will appear on the matter before the court will be protected.
Nnamdi Kanu alongside three other pro-Biafra agitators, Mr. Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi,
The trial judge, Justice Binta Nyako granted the request yesterday, while ruling on an application by the prosecution to shield the names and addresses of the prosecution witnesses who are largely security operatives.
“I hereby order that the names of the prosecution witnesses who are security operatives should appear in combination of alphabets and such witnesses will be given screens which will be provided by the court.
“The defendants and their counsel will be able to see the witnesses who will be given special access to and from the court,” Justice Nyako held.
Hearing in the substantive suit has been adjourned till 10, 11 and 12 January, 2016 for commencement of trial.
But shortly after the ruling was handed down, Kanu and the three other defendants registered their protest over the court’s decision on the application.
The FG had applied for all the witnesses to be allowed to testify behind screen.
The prosecution also prayed the court for identities of the witnesses not to be revealed in any record of the proceedings.
The defendants however opposed the application on the ground that granting such request would amount to a gross violation of their rights to fair hearing.
Specifically, FG had in the charge marked FHC/ABJ/CR/383/2015, alleged that the quartet conspired to commit treasonable felony contrary to and punishable under section 516 of the Criminal Code Act, CAP. C38 Laws of the Federation of Nigeria, 2014.
FG alleged that they committed the offence along with others now at large, on diverse dates in 2014 and 2015, in Nigeria, London and United Kingdom.
In addition, the prosecution told the court that the defendant conspired among themselves to broadcast on Radio Biafra which is monitored in Enugu and its environs, preparations they were making for states in the South-South zones and other communities in Kogi and Benue states, to secede from the Federal Republic of Nigeria with a view to constituting same into a Republic of Biafra.
Whereas FG identified Kanu as the arrow-head behind the “hate broadcasts”, it fingered Onwudiwe as the National Coordinator of the IPOB movement.
The defendants had on November 8, pleaded not guilty to all the charges against them, even as the court adjourned to hear their bail applications.
The FG had  previously slammed a six-count treason against Kanu and two others  before amending it to include Onwudiwe as one of the defendants.
Justice Nyako is now the third judge to handle the trial.
Justice John Tsoho who was the second Judge to handle the case, had on September 26, disqualified himself from presiding over trial of the defendants.
Justice Tsoho who earlier denied the defendants bail, premised his decision to hands-off the case on a petition pending against him before the National Judicial Council, NJC. Kanu and his co-accused persons had in their joint petition, alleged that Justice Tsoho indulged in act of “judicial rascality”, by delivering conflicting rulings on the same subject matter. They alleged that the judge summarily reversed his previous ruling that barred the Federal Government from masking all the witnesses billed to testify against them. The defendants maintained that the Judge denied them fair hearing on the day he gave FG the nod to produce “masquerades” to testify against them. Justice Ahmed Mohammed who was the first judge Kanu was taken to by FG, had in a bench ruling he delivered on December 23, 2015, also distanced himself from the matter. Kanu who was hitherto the Director of Radio Biafra and Television, ‎has been in detention since October 14, 2015, when he was arrested by security operatives upon his arrival to Nigeria from his base in the United Kingdom. The defendants were alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria. FG alleged that they were the ones managing the affairs of the IPOB which it described as “an unlawful society”. Kanu was alleged to have illegally smuggled radio transmitters into Nigeria, which he used to disseminate “hate broadcasts”, encouraging the “secession of the Republic of Biafra”, from Nigeria. The IPOB leader earlier denied the charges, even as the court, on January 20, ordered remand of the defendants at Kuje prison ‎in Abuja. Count one of the charge against the defendants read: “That you Nnamdi Kanu, ‘M’, Onwudiwe Chidiebere ‘M’, Benjamin Madubugwu ‘M’, David Nwawusi ‘M’ and others now at large, on diverse dates in 2014 and 2015 in Nigeria and London, United Kingdom, did conspire amongst yourselves to broadcast on Radio Biafra monitored in Enugu and other areas within the jurisdiction of this Honourable Court, preparations being made by you and others at large, or states in the South East and South South zones and other communities in Kogi and Benue States to secede from the Federal Republic of Nigeria with a view to constituting same into a Republic of Biafra and you thereby committed an offence punishable under section 516 of the Criminal Code Act, CAP.C38 Laws of the Federation of Nigeria.