UPDATED: Judge withdraws from Kanu’s trial — the 2nd time in 9 months

Nnamdi Kanu after a court appearance

 

Sequel to an application by the legal team of the director of Radio Biafra led by Chuks Muoma, claiming that the court was biased in its handling of the matter, John Tsoho, the judge handling Nnamdi Kanu’s trial, has returned the case file to Ibrahim Auta, chief justice of federal high court, for reassignment.

“We are only asking the court to hands off; my client has lost confidence in this court,” TheCable News quoted him as saying.

 

It was learnt that Muoma claimed that the court was acting in line with the suggestion of President Muhammadu Buhari that Kanu was not going to be released under any circumstance, adding that if they did not get the relief they sought, they would proceed to the International Court of Justice.

 

Muoma said any proceedings in the case, following the claim that a petition was written to the National Judicial Council (NJC) to protest against the court, would “stifle it”.

“I understand that there is a letter to NJC, though I haven’t seen it and the CJ has replied saying that the matter will be investigated. I would urge you that you transfer the matter; I would suggest that it be sent back to the CJ,” he said.

 

Responding, the judge said: “I have no interest in trying your matter and I will return it to the CJ, but I will condemn the attitude of that counsel. I do not care if you take your case to another planet.”

 

He added that making a ruling on the said application was an attempt to “pre-empt” the outcome of the petition sent by Kanu’s lawyers to the CJ.

 

However, in a ruling, the judge who prevented the prosecuting counsel from speaking, said: “This case is hereby transferred to the CJ.”

 

This is the second time in nine months that a judge would be withdrawing from Kanu’s trial.

 

In December 2015, Kanu refused to take plea on a six-count charge of treason, importation of illegal good and possession of fire arms filed against him by the Department of State Services (DSS), saying he had it on good authority that Ahmed Mohammed, the trial judge, was biased.

 

“I will rather remain in detention than subject myself to a trial that I know amounts to perversion of justice,” he said, adding, “I will not have a fair trial in this very court because information available to me indicates that I will not receive fair trial before this very judge.”