The Court of Appeal, sitting in Abuja, today refused to order the release of the Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu and two other pro-Biafra agitators, David Nwawusi and Benjamin Madubugwu.
They had approached the upper court to challenge what they termed “strange procedure” adopted in their treason trial before the Federal High Court in Abuja. The trio accused the trial judge, John Tsoho of bias. He had refused them bail and also permitted the prosecution to shield the identity of eight witnesses listed to testify in the matter. The judge had also declined to strike out the matter as prayed by the defendants, citing section 351(1) of the Administration of Criminal Justice Act, 2015.
However, a three-man panel of Justices of the Appeal Court, led by Justice Abdul Aboki, threw away the defendants’ appeal as “grossly lacking in merit”. The appellate court further declined to order the release of the defendants on bail, saying that the allegations against them are “grievous and serious”.
Justice Aboki who read the lead judgment, said it is known that the 1st defendant, Kanu, has dual citizenship. In his view, Kanu’s possession of both Nigerian and British passports increased the likelihood that he could jump bail if released from detention.
On the procedure adopted by the trial court, the court ruled that it is open to Justice Tsoho to decide how the proceeding before his court should be conducted. “The lower court has the power to exercise its discretion on the matter and the exercise of such discretion by the trial judge did not amount to denial of fair hearing to the defendants. “
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