court had on February 19, 2016 decided on the Federal Government’s request to protect witnesses, adding that if the prosecution was not satisfied with the court’s decision, it should appeal against the order.
Delivering a bench ruling on the submissions of the counsel, the trial judge, Justice John Tsoho, dismissed the objection by Muoma.
Justice Tsoho ruled that the request by the government for its witnesses to testify behind a witness screen “does not amount to revisiting the court’s earlier ruling prohibiting the prosecution witnesses from wearing masks.”
The court upheld the argument of the prosecution led by the Director of Public Prosecutions in the Federal Ministry of Justice, Diri, that the screen would only shield the witnesses from the members of the public present in court.
The judge explained that the use of the screens would not prevent the judge, the accused persons and lawyers to the parties from seeing the witnesses while testifying.
The court also dismissed the request by Muoma that the court should discharge and acquit the defendants because the prosecution failed to produce its witnesses to enable the trial to commence on Monday.
The judge averred that the provisions of Section 351(1) of the Administration of Criminal Justice Act 2015 relied on by the defence to ask for the quashing of the charges, did not apply to the circumstances of the case.
According to the judge, the court can only dismiss the charges against an accused person who is present in court when the complainant in the case is not represented in court.
He said that a pre-trial demonstration of the use of the witness protection screens would be held on Wednesday morning before lawyers to parties and the defendants. The suit was adjourned till March 9 (tomorrow) for trial.
Meanwhile, IPOB has called for the immediate sack and replacement of Justice Tsoho for reversing himself on the masking of witnesses against Kanu.
IPOB said that the sudden U-turn by the judge on his earlier ruling that witnesses against Kanu should not wear masks as sought by the government confirmed its fears that Kanu would never get justice in the Nigeria legal system.
The pro-Biafra group, in a statement issued by its spokespersons, Emma Mezu and Dr. Clifford Iroanya, called on the National Judicial Commission (NJC) to derobe the judge.
