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In what appears to have been a successful bid to get Justice John Tsoho of an Abuja Federal High Court, to hands off the ongoing trial of Nnamdi Kanu, embattled director of Radio Biafra, the trial judge has sent the case file back to the Chief Judge for reassignment.
This was sequel to a petition filed against Justice Tsoho, before the National Judicial Council (NJC) by Kanu, over what he tagged, judicial rascality in two different rulings given on the trial of the leader of the Indigenous People of Biafra (IPOB).
At the resumption of trial, Ifeanyi Ejiofor, one of the counsels to the IPOB leader who is being incaserated at the Kuje Prison in Abuja, advised the judge to stay off the matter, pending the investigation into the petition before the NJC.
The defence lead counsel, Chuks Muoma SAN, on the same vein urged the court to also disssociate itself from the matter which was “mistakenly” transferred to it, from Justice Gabriel Kolawole of the Abuja Federal High Court, since they have not sought for any particular judge to have the matter transferred to.
Justice Tsoho in his short ruling however hinted that, the court would not prolong the issue, since the defendants had not specified any particular court it wanted the matter to be assigned to, he ordered that the case file be sent back to the Chief Judge, Justice Ndahi Auta for reassignment, “even if the NJC does not find the court culpable of the allegations”.
It will be recalled that the Chief Judge had mistakenly reassigned the matter to Justice Tsoho from Justice Kolawole, upon the latter’s transfer to the Abuja division of the court.
However, the petition against Justice Tsoho is alleging that he had 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, called for an investigation into the rulings of the court over the permission granted the Department of State Services (DSS) to protect its wit ness 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.
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 be 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.
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.
