IPOB : Nnamdi Kanu petitions NJC against Justice Tsoho

The embattled director of Radio Biafra, Nnamdi Kanu has accused an Abuja Federal High Court of committing judicial rascality over two different rulings given on the trial of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The judge, Justice John Tsoho is also alleged to have given conflicting rulings on the same issue raised during the trial of Kanu.
In his petition to the National Judicial Council (NJC) against Justice Tsoho, the IPOB leader, has called for an investigation into the rulings of the court over the permission granted the Department of State Services (DSS) to protect its witness in his trial.
In the petition written by Ifeanyi Ejiofor, Kanu’s lawyer, the IPOB leader said the conduct of the judge in the trial of his client is in fundamental breach of his judicial oath.
“That on the 9th day of February, 2016, the defense was ambushed with an application filed on that day by the prosecution, seeking the court’s endorsement for secret trial of the defendants.
“The defense led by chief Chuks Muoma SAN promptly notified the court of our intention to oppose the application, pursuant to which it was thereafter adjourned to the 19th day of February, 2016, for the hearing of the application,” the petition said.
Kanu through his lawyer Ifeanyi Ejiofor had in various past interviews had said that such action by the judge can only be referred to as “judicial rascality” and shows that the judge was undoubtedly acting to a script or influenced by orders higher than himself.
He also said because under the Nigerian judicial system, a court cannot alter it’s own judgement without the benefit of an appeal to a superior court.
The judge’s action as evidenced by documents and the court’s contradictory rulings at our disposal goes contrary to every code of judicial conduct and ethics known to law.
In the petition, Kanu also called for a correction of the “rascality” made by the judge in accordance with the Oath Act.
It said: “That on the face of the application to stay further proceedings in the matter, pending the outcome of the appeal challenging the court’s variation of its order, the court would have ordinarily been spurred to br expeditious in its attention to our request. Rather, his lordship remained firm in his resolve to frustrate the defense”.
The petition noted that even the lead counsel in the matter, Chuks Muoma was shut out in an open court by Justice Tsoho from adumbrating his written brief in support of its application for stay of proceedings even when court rules allows for 20 minutes of oral argument.
He also highlighted series of events that occurred during the trial of Kanu, stating that the judge who had earlier denied an application made by DSS counsel in what appears to be a breach of judicial oath, sat and heard an appeal against it and reversed it orders against Kanu.
The Nigerian government through the DSS had applied to the court to seek a secret trial of Kanu among other things, where the government’s witnesses can testify and give evidence against the three defendants – Nnamdi Kanu, Benjamin Madubugwu and David Nwauwisi – by wearing a mask or hiding behind a screen/curtain. This way nobody would know who they are or where they come from.
The substance of the DSS appeal is to allow the court conduct a secret trial for the accused persons.
Upon hearing the arguments from the government’s prosecution team and the defence counsel Judge Tsoho ruled that the trial will not be in secret. The matter was quickly adjourned sought deals with secret to March 7, 8, 9 and 10 for commencement of full trial by the consent of the parties involved. At this point the public thought the trial will now be held in the open with witnesses coming to testify without a facial mask or hiding behind the screen.
However, upon resumption, of hearing on March 7 when Kanu with his team of counsels appeared before the court for commencement of the open trial as Judge Tsoho ordered, the prosecuting team verbally-not by written application as is normally the case – informed the court that the witnesses have refused to testify.
Nnamdi Kanu is currently facing trial on a three count charge of treasonable felony, management of an unlawful society and concealing goods in a container.
Kanu was arrested by operatives of the DSS in Lagos upon his arrival from the United Kingdom on October 14, 2015.