Biafra: Tension as court grants FG’s request to shield identities of witnesses

A Federal High Court in Abuja on Tuesday granted the request by the Federal Government to protect the identities of prosecution witnesses in the ongoing trial of the detained leader of the Indigenous People of Biafra (IPOD), Nnamdi Kanu and his co-defendants.

The trial judge, Justice Binta Nyako, granted the request at the resumed hearing of the matter yesterday while delivering a ruling on an application by the prosecution to shield the names and addresses of the prosecution witnesses who are largely security operatives.

“I hereby ordered that the names of the prosecution witnesses who are security operatives should appear in combination of alphabets and such witnesses will be given screens, which will be provided by the court.

“The defendants and their counsel will be able to see the witnesses who will be given special access to and from the court,” Justice Nyako held.

The suit was adjourned till 10, 11 and 12 January, 2017 for commencement of trial.

Shortly after the ruling was delivered by Justice Nyako, Kanu and the three other pro-Biafra agitators, Mr. Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, who are standing trial along with him, on an 11-count charge bordering on treasonable felony and terrorism, registered their displeasure over the court’s decision on the application.

Fuming with anger in the dock, Kanu and his co-defendants vehemently told their counsel in the open court that they were opposed to the court ruling.

Consequently, pro-Biafra agitators, who stormed the court in their hundreds engaged prison warders and other security operatives in a scuffle over the development. ‎

The Federal Government had applied to the court for all the witnesses to be allowed to testify behind screen.

The prosecution also prayed the court for identities of the witnesses not to be revealed in any record of the proceedings.

The defendants however opposed the application, contending that granting such request would amount to a gross violation of their rights to fair hearing.

“We vehemently oppose secret trial of the defendants. They were accused in the open, we also request that they be tried in the open. The defendants need to see those testifying against them eye-ball-to-eye-ball. We are ready for this trial,” Kanu’s lawyer, Mr Ifeanyi Ejiofor submitted.

The Federal Government had, in the charge marked FHC/ABJ/CR/383/2015, alleged that the quartet conspired to commit treasonable felony contrary to and punishable under section 516 of the Criminal Code Act, CAP. C38 Laws of the Federation of Nigeria, 2014.

Government alleged that they committed the offence along with others now at large, on diverse dates in 2014 and 2015, in Nigeria, London and United Kingdom.

It told the court that the defendants conspired among themselves to broadcast on Radio Biafra, which is monitored in Enugu and its environs, preparations they were making for states in the South-South zones and other communities in Kogi and Benue states, to secede from the Federal Republic of Nigeria with a view to constituting same into a Republic of Biafra.

The Federal Government, which identified Kanu as the arrow-head behind the “hate broadcasts,” fingered Onwudiwe as the national coordinator of the IPOB movement.

The defendants had on November 8, pleaded not guilty to all the charges preferred against them, even as the court adjourned to hear their bail applications.

Kanu was previously facing a six-count treason charge with Madubugwu and Nwawuisi, before government amended the charges to include Onwudiwe as one of the defendants.

Justice Nyako is now the third judge to handle the trial as the former judge handling the matter, Justice John Tsoho had on September 26, disqualified himself from presiding over trial of the defendants.

Justice Tsoho who earlier denied the defendants bail, premised his decision to hands-off the case on a petition pending against him before the National Judicial Council (NJC).

Kanu and his co-defendants had in their joint petition, alleged that Justice Tsoho indulged in act of “judicial rascality”, by delivering conflicting rulings on the same subject matter.

They alleged that the judge summarily reversed his previous ruling that barred the Federal Government from masking all the witnesses billed to testify against them.

The defendants maintained that the Judge denied them fair hearing on the day he gave the Federal Government the nod to produce “masquerades” to testify against them.

Justice Ahmed Ramat Mohammed who was the first judge Kanu was taken to by government, had in a bench ruling he delivered on December 23, 2015, also distanced himself from the matter.

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.

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.

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.

The IPOB leader earlier denied the charges, even as the court, on January 20, ordered remand of the defendants at Kuje prison ‎in Abuja.