News

Trial of 11 BZF: Enugu Federal High Court rules on open or secret sitting tomorrow

By Austin Ogwuda

Enugu — A Federal High Court sitting in Enugu, will tomorrow, deliver ruling in an application by the Federal Government, seeking to commit the ongoing trial of the 11 members of the Biafra Zionists Federal, BZF, in the open court to secret proceedings with a view to protect the prosecution witnesses.

Prosecution counsel, D. Kaswe Kaswe, a senior state counsel in the office of the Attorney General of the Federation had at the last hearing of the case on May 19, moved the application to continue the trial in secret for security reasons.

He cited section 36 (4) of the Constitution of Federal Republic of Nigeria, as amended, which exempts members of the public, with the exception of accredited media members, to participate in the proceedings on certain grounds and particularly drew the attention of the court to the secret trial of Kabiru Sokoto, said to be a commander of dreaded Boko Haram sect.

“In that case (Federal Republic of Nigeria and Kabiru Sokoto), the prosecution insisted that Federal High Court, Abuja, be exempted from the public for the purposes of hearing the testimony of witnesses. In that case, it was even official witnesses. In this case, these are civil witnesses. That was why we put up this application,” Kaswe submitted.

Lead defence counsel, Olu Omotayo, who opposed the secret trial, argued that “the Constitution in Section 36 (4) 2 stated that the application must come from minister or commissioner in a state. You must come and satisfy the court that there is a public interest or public danger that makes you to bring the application. It is not just an application that a lawyer must make over the bar demanding that there must be secret trial.”

Omotayo told our reporter, yesterday, that, “we are fully ready and awaiting the ruling of the court Wednesday (tomorrow) For now, I cannot predict the court, let us wait till Wednesday.”

So far, prosecution has called three witnesses before seeking for the secret trial. Prosecution counsel, Kaswe in an interview told reporters that “the 4th and 5th witnesses, who witnessed the incident, should be protected, hence the request for secrecy.”

The 11 pro-Biafra group, Biafra Zionists Federation, BZF led by Benjamin Onwuka, who are facing treason charges over alleged attempt to declare the Republic of Biafra are: Ndubisi Nnamushi, Kelvin Ekeh, Japhet Nwodo and Fidelis Nwonu. Others were Paulinus Uzoegbu, Sunday Chukwuma, Uduma Uduma, Betrand Obiekwe, Abraham Ugwu, and Ijaga Samson.

They are currently remanded in Enugu prisons.