BY Fredrick Nwabufo
The trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), could not proceed on Wednesday at the federal high court, Abuja, following an application for stay of proceedings filed by Chuks Muoma (SAN), Kanu’s lawyer.
When the case was called, Muoma told the court that he had filed an appeal against the ruling of the court permitting the use of masked witnesses in the trial of Kanu.
In response, Mohammed Diri, the prosecution, admitted that he had received a copy of the application for stay of proceedings a few minutes before the sitting of the court.
He, however, asked the court for time to respond to the application.
In a bench ruling, Justice James Tsoho adjourned the case to the April 5 for hearing.
On Monday, Kanu had asked Justice Tsoho to dismiss the charges of treasonable felony against him on the grounds that the Department of State Services (DSS) has failed to produce witnesses in his trial.
Making his submission, Muoma asked the court to not only discharge his client, but also to order that he should not be rearrested by the DSS.
“I posit that the prosecution is not ready to prosecute the charges against the defendants,” he had said.
“My lord with respect, it is very clear that this ‘witness story’ is no longer going to be condoned by this court.
“They can’t open their case. How long are we going to come here?
“I most humbly urge the court to dismiss this complaint.
“I urge your lordship to apply the law being section 351 (1) of the Administration of Criminal Justice Act.
“The prosecution is not prepared to produce its witnesses. I most humbly apply the charge against the defendants be dismissed.
“My lord should make an order that they should not be rearrested. I seek a specific order that they should not be rearrested.
“But Diri, counsel to the DSS, in his argument, stated that the prosecution was ready call its witnesses, but asked that they be masked.
“Our witnesses are ready. They will definitely come to this court,” he had said.
“We have not told this court that we don’t have witnesses. Or that they are not around.
“We are simply asking this court to vary its order. To allow our witnesses to testify behind a screen so that their identifies will not be revealed.
“I shall ask for a short adjournment so that we can make an application to vary the order of the court.”
But the judge declined the request to dismiss the charges against Kanu.
He, however, upheld the argument of Diri, that the prosecution witnesses should be given some form of protection- by use of a screen.
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