•Seeks case transfer to another judge
•Heads to Appeal Court
From Godwin Tsa, Abuja
DETAINED leader of the Indigenous People of Biafra (IPOB) and Director of Radio Biafra, Nnamdi Kanu has accused a Federal High Court Judge, Justice John Tsoho of manifesting biased tendency towards his trial.
This was just as he has approached the Court of Appeal to set aside the ruling of Justice Tsoho for allowing prosecution witnesses to give evidence against him behind screen, through a private witness box.
Kanu and two others – Benjamin Maudubugwu and David Nwawuisi – were brought before the court for alleged treason, maintaining unlawful society, among other charges.
Meanwhile, the Biafran leader also filed a motion asking the trial court to stay proceedings on the matter pending the hearing and determination of his appeal.
In his 10-paragraph affidavit in support of the motion for stay of proceedings, the Biafran leader attacked the ruling of the court, saying that the court sat on an appeal over its own ruling.
He further contended that the court has no jurisdiction to re-litigate, on an issue it had already decided and alleged that “the court had manifested serious bias in the conduct of this trial, which is gravely impeding the defendants’ constitutional rights to fair hearing/ trial.” In his Notice of Appeal filed on Tuesday, Kanu prayed the Court of Appeal to set aside the ruling of the trial court on the use of a screen by the prosecution witnesses and to also direct the Chief Judge of the Federal High Court to transfer the case to another judge of the Federal High Court.
When the matter came up yesterday, Kanu’s lead counsel, Chuks Muoma (SAN) informed the court that his client has lodged an appeal against its March 7, ruling and has further filed a motion for stay of proceedings.
He added that the processes, including the Notice of Appeal and the motion for stay of proceedings were served on the prosecution in the commencement of proceedings yesterday.
In view of that, the prosecution counsel and the Director of Public Prosecution (DPP), Mohammed Diri asked the court for an adjournment to enable him respond adequately.
The trial Judge, Justice John Tsoho adjourned the matter till April 5, 2016 for hearing of the motion for stay of proceedings.
This is the second time that the Biafran leader is accusing judges of the Federal High Court, handling his matter of bias.
He first accused Justice Ahmed Ramat Mohammed and his case was transferred to Justice John Tsoho, who he has also accused of bias in his Motion on Notice filed yesterday.
Kanu who is facing a six-count treason charge, had opposed an application by the Federal Government to conduct his trial in secret.
Government had, in its application, decried that all the witnesses billed to testify against Kanu and two other pro-Biafra agitators, Benjamin Madubugwu and David Nwawuisi, who are facing trial with him, have declined to appear in court.
Government’s counsel said the witnesses insisted that they would not testify against the defendants unless their safety was guaranteed.