By Ikechukwu Nnochiri & Francis Igata
ABUJA — Detained leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu, yesterday, asked the Federal High Court sitting in Abuja to stay further proceeding on his trial.

Kanu and two other pro-Biafra supporters who are facing trial with him- Benjamin Madubugwu and David Nwawuisi,urged trial Justice John Tsoho to hands-off their case and await the outcome of an appeal they have lodged before the Abuja Division of the Court of Appeal.

Nnamdi kanu

The trio who are answering to a six-count treason charge, made the application on a day the Federal Government was to open its case  against them.

It will be recalled that the court had on Monday, declined to quash the charge against the defendants, even as it permitted the prosecution to shield the identity of eight witnesses that are billed to testify in the  matter.

The court equally refused to discharge and acquit the three defendants as it was prayed to do under  section 351(1) of the Administration of Criminal Justice Act, 2015.

Meanwhile, at  the resumed sitting yesterday, the defence lawyer, Chief Chuks Muoma, SAN, informed Justice Tsoho that he has taken the case before the appellate court to challenge what he described as “strange procedure” adopted in the trial of the defendants.

On his part, the Director of Public Prosecution, DPP, Mr. Mohammed Diri, who is handling the trial on behalf of the government, admitted that a copy of the motion for stay of proceeding was served on him before the court commenced sitting.

He  applied for time to enable him to respond to the motion.

Consequently, Justice Tsoho adjourned hearing of the defendants’ motion for stay of proceeding to April 5.

The Department of State Service, DSS, had at the last adjourned date, alleged plot by some pro-Biafra agitators to invade the court and forcefully free the defendants.

Besides, the prosecution informed the court that witnesses scheduled to testify against Kanu and the others, said they would not appear unless they were allowed to wear masks or their identities shielded from both lawyers and people observing the proceeding.

“My lord, this is because they are already receiving threats from associates of the defendants that they will be dealt with. The witnesses said they love their lives and requested that their identities be shielded from people who are coming to witness the proceeding,” Diri added.

Sequel to his application, Justice Tsoho gave an order permitting the witnesses to testify behind a screen.

The defendants had  on February 9, opposed the Federal Government’s application for secret trial, even as they queried the propriety of the court allowing  “masquerades” to testify against them.

The defence lawyer, Muoma, SAN, vowed to challenge the revised order for the identities of the witnesses to be protected.

He contended that the trial court had become functus-officio on the matter, having earlier ruled on the previous application by the prosecution.

The defendants were 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 alleged that they were the ones managing the affairs of IPOB which it described as “an unlawful society.”

The accused persons, however, pleaded not guilty to the charge on January 20, even as the court ordered their remand at Kuje prison in Abuja.

Quashing criminal charges

Also yesterday, twenty-seven members of the Indigenous People of Biafra, IPOB, prayed a magistrate’s court sitting in Enugu to strike out criminal charges filed against them by the police.

The accused persons told the court through their lead counsel, Emeka Ugwuonye that the police had not shown diligence in prosecuting the matter.

It was gathered that the accused persons were holding a prayer procession on February 9, for the release of their leader, Nnamdi Kanu, before they were arrested.

The pro-Biafra activists, who had earlier been arraigned and granted bail by the presiding magistrate, Paulson Egbo, re-appeared in court yesterday for continuation of hearing.

However, the matter could not go on as the prosecutor, D.I Ogbu informed the court that he was yet to obtain the consent of the Attorney General of Enugu State.

Consequently, Ugwuonye, the counsel to the accused persons, prayed the court to discharge his clients.

He equally prayed the court for an order that the personal properties of the accused persons be released.

However, in a counter argument, the prosecutor, Mr. Ogbu told the court that the defendants’ counsel was not supposed to be making such application even when one of the accused persons was not in court.

He prayed the court for an adjournment to enable him obtain the AG’s consent.

The magistrate, thereafter, adjourned the matter till April 5,2016, for continuation of hearing.