Kanu Asks Judge to Stop His Trial
Wed Apr 06, 2016 11:59:am National
2.5K By sosa hills
The leader of the Indigenous Peoples of Biafra (IPOB) and Director of the Radio Biafra, Nnamdi Kanu, has asked the Federal High Court, Abuja to stay proceedings on his trial, pending the determination of an appeal he filed before the Court of Appeal, Abuja Division.
At yesterday's proceedings, Kanu, through his counsel, Chuks Muoma (SAN) in an application, prayed the court to stay further proceedings on his trial until the Appeal Court takes a decision on a ruling by the lower court for the Department of State Services (DSS) to protect its witnesses.
"My Lord, we are in court this morning to move a motion by the defendant, an order staying further proceedings on hearing pending an appeal filed on the ruling of this honourable court," Muoma said.
Citing Section 6 Subsection 6 of the 1999 Constitution (as amended), Muoma said the defendants would rely on the hearing jurisdiction of the court.
He also said that the applicants would also rely on the facts stated in a 10-paragraph supporting affidavit to the motion.
However, the prosecution counsel, S. N. Labaran, told the court that the DSS had filed a five paragraph counter affidavit from the office of the Director, Public Prosecution (DPP).
Labaran further said a four paragraph written address was also filed to adopt all the processes filed in opposition to the defendants' motion on notice.
He urged the court to dismiss the application and rather move for a speedy trial, adding that the DSS was not opposing the right of appeal by the defendants.
Also replying on point of law, the defence counsel said that a stay of proceeding is an adjunct to the right of appeal provided by Section 241 (1) of the 1999 Constitution (as amended).
Kanu's appeal came after Justice John Tsoho granted the DSS the permission to protect its witness.
The court in its ruling had asked that the witnesses be shielded from the audience and that their names and addresses be protected from the public.
But his argument, the defence counsel said it will be wrong to make such protection for people who had accused the defendants in public. The suit was adjourned till April 26.
Kanu and the others are answering to a six-count treason charge preferred against them by the Federal Government.
Kanu who was hitherto the Director of Radio Biafra and Television, has been in detention since October 14, 2015, when he was arrested by security operatives upon his arrival to Nigeria from his base in the United Kingdom (UK).
The defendants were in the charge that was signed by the Director of Public Prosecution (DPP), Mr. Mohammed Diri, alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria.
The Federal Government claimed that they were also managing the affairs of the IPOB which it described as "an unlawful society."
Specifically, Kanu was alleged to have illegally smuggled radio transmitters into Nigeria, which he used to disseminate "hate broadcasts", encouraging the "secession of the Republic of Biafra" from Nigeria.
However, the accused persons, pleaded not guilty to the charge on January 20, even as the court ordered their remand at Kuje prison in Abuja
At yesterday's proceedings, Kanu, through his counsel, Chuks Muoma (SAN) in an application, prayed the court to stay further proceedings on his trial until the Appeal Court takes a decision on a ruling by the lower court for the Department of State Services (DSS) to protect its witnesses.
"My Lord, we are in court this morning to move a motion by the defendant, an order staying further proceedings on hearing pending an appeal filed on the ruling of this honourable court," Muoma said.
Citing Section 6 Subsection 6 of the 1999 Constitution (as amended), Muoma said the defendants would rely on the hearing jurisdiction of the court.
He also said that the applicants would also rely on the facts stated in a 10-paragraph supporting affidavit to the motion.
However, the prosecution counsel, S. N. Labaran, told the court that the DSS had filed a five paragraph counter affidavit from the office of the Director, Public Prosecution (DPP).
Labaran further said a four paragraph written address was also filed to adopt all the processes filed in opposition to the defendants' motion on notice.
He urged the court to dismiss the application and rather move for a speedy trial, adding that the DSS was not opposing the right of appeal by the defendants.
Also replying on point of law, the defence counsel said that a stay of proceeding is an adjunct to the right of appeal provided by Section 241 (1) of the 1999 Constitution (as amended).
Kanu's appeal came after Justice John Tsoho granted the DSS the permission to protect its witness.
The court in its ruling had asked that the witnesses be shielded from the audience and that their names and addresses be protected from the public.
But his argument, the defence counsel said it will be wrong to make such protection for people who had accused the defendants in public. The suit was adjourned till April 26.
Kanu and the others are answering to a six-count treason charge preferred against them by the Federal Government.
Kanu who was hitherto the Director of Radio Biafra and Television, has been in detention since October 14, 2015, when he was arrested by security operatives upon his arrival to Nigeria from his base in the United Kingdom (UK).
The defendants were in the charge that was signed by the Director of Public Prosecution (DPP), Mr. Mohammed Diri, alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria.
The Federal Government claimed that they were also managing the affairs of the IPOB which it described as "an unlawful society."
Specifically, Kanu was alleged to have illegally smuggled radio transmitters into Nigeria, which he used to disseminate "hate broadcasts", encouraging the "secession of the Republic of Biafra" from Nigeria.
However, the accused persons, pleaded not guilty to the charge on January 20, even as the court ordered their remand at Kuje prison in Abuja
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