Biafra: FG wants secret trial, Kanu kicks

A Federal High Court sitting in Abuja has turned down the request of the Federal Government to allow its witnesses wear face mask during the trial of the trial of the Director of Radio Biafra and leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Kanu had strongly opposed the application by the federal government to conduct his trail in secret.

The application was filed before the Federal High Court sitting in Abuja by the FG after it decried that all witnesses lined up to testify against Kanu declined to appear in court.
According to reports, the witnesses said unless their safety is guaranteed, they would not testify against Kanu.

The trial judge, Justice James Tsoho said the prosecution did not furnish the court with enough evidence to show that, it’s witnesses were in danger, other than a mere mention by the prosecutor that his witnesses are scared for their lives.

Justice Tsoho said he agreed with the Counsel to the accused persons that the demeanour of a witness is important in helping the court decide if he is a witness of truth or otherwise.
He also said that the state has all of the resources to ensure that the witnesses in the suit are protected.

The judge however says his order as granted at the last sitting allowing lawyers, journalists and close relatives of the accused persons, still remains.

Read also: Drama as Kanu insists on retaining handcuff in court

Mr. David Kaswe, the lawyer representing the FG had prayed that the Federal High Court presided over by Justice John Tsoho to issue an order protecting the identities of the witnesses by ‎allowing them to either wear facial mask or to testify behind screens.

“The measure is to safeguard the lives of prosecution witnesses who live in the geographical region where the defendants come from. Since their arrest, there has been violent protests for the defendants to be released.

“The witnesses have already indicated fear to give evidence in view of perceived backlash. My lord, they have categorically informed us that unless they could be guaranteed some form of protection by the court, they would not come to testify.

“In the light is t‎his, the case of the prosecution will be greatly affected should there be any reason for the witnesses not to come to court”, Kaswe submitted.

But the application was turned down by lead counsel for the embattled IPOB leader, Chief Chuks Muoma, SAN, who posited that the application lacked merit.

Citing section 36(4) of the 1999 constitution, he argued that there were no provision for masquerades to testify in a trial ‎involving an alleged act of treason.

“An accused person under our jurisprudence and justice ad‎ministration must be confronted with his accusers eye-ball to eye-ball. “My lord we operate an accusatorial‎ system of procedure under the common law. Justice must not only be done but must be seen to have been done.

“It is not within common sense to malign and accuse someone in public and apply to try him in the bedroom. Having been accused in public we want to also be tried in public.

“We therefore urge this court not to allow masquerades to testify before it. We want to see their faces and ask them questions. As masquerades, how will the court be able to gauge their demeanour and body language? Is it by the rhythm of their dance steps?

“The tenets of justice outweigh this application and we urge my lord to reject it. It has no merit whatsoever. Secret trial is for terrorism charge, it is not for the type of offence for which these defendants were charged.

“Secret trial does not apply in a case of treasonable felony or involvement in alleged ‎unlawful society. During the trial we will prove to them that we are not an illegal organisation”, Muoma added.

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