TheCable

Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), on Friday asked Justice James Tsoho of the federal high court, Abuja, 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.

The judge did not grant his prayerand instead opted to allow witnesses testify against him under a protective screen.

Making his submission, Chuks Muoma (SAN), Kanu’s lawyer, had 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 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 Mohammed Diri, counsel to the DSS, in his argument, stated that the prosecution was ready to call its witnesses, but asked that they be masked.

“Our witnesses are ready. They will definitely come to this court,” he 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.”

Although the judge declined the request to dismiss the charges against Kanu he upheld the argument of Diri that the prosecution witnesses should be given some form of protection by use of a screen.

On February 19, Justice Tsoho ruled against the application of the DSS to mask its witnesses in the trial of Kanu‎.

‎Tsoho held that masking the witnesses would shield their demeanour from the court.‎

“There is no gain saying that demeanour of witnesses is very crucial in a trial,” he had said.

He had also held that sufficient particulars had not been provided by the prosecution to show that the witnesses were being threatened. ‎

Tsoho stated that the Department of State Services (DSS) had already disclosed the names of its witnesses and addresses, indicating that they reside in Lagos, Enugu and Port Harcourt‎, away from the locality of Kanu.‎

“It is not correct therefore to assert that many of the witnesses come from the accused persons location,” he had said.

However, he ruled that names and addresses of the witnesses would not be made public during the trial.‎

Kanu and two other accused persons are facing multiple counts of treasonable felony.

Ifeanyi Ejiofor, one of Kanu’s lawyer, said the defence would appeal against the ruling of the court permitting witnesses to be shielded by a screen during trial.