IPOB Leader Kanu Secures First Victory In His Trial As Presiding Judge Recuses Himself

The Leader of Indigenous People of Biafra, IPOB, Nnamdi Kanu, has succeeded in pressurizing Justice John Tsoho of the Federal High Court Abuja to recuse himself from the case of treasonable felony brought against him by President Muhammadu Buhari’s government.

Justice Tsoho on Monday returned the case file to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for reassignment.

Kanu and two others, Benjamin Madubugwu and David Nwawuisi were slammed with a six-count charge of treasonable felony and at the resumed trial, the lead counsel for Kanu, Chuks Muoma (SAN) had brought an application alleging that Justice Tsoho was  biased in the way it had been handling the matter.

He applied for the suspension of hearing since his client had written a petition to the National Judicial Council over the judge’s alleged biased handling of the matter. Muoma said it would be proper for the court to suspend the hearing of the case, pending the determination of the petition by the NJC.

He informed the court the NJC has responded to the petition filed by Kanu against the judge, saying they were investigating the allegation.

He said, “We are only asking the court to withdraw from the case; my client has lost confidence in this court. Following the development, all we are asking this court to do is to withdraw from the case, pending the outcome of the NJC investigation.

“It would not be proper for the court to continue with this matter when investigation is ongoing. So, in the interest of justice, we are asking the court to withdraw from the case. I would urge the court to transfer the matter; I would suggest that it be sent back to the CJ.”

The defence had accused the court of following President Muhammadu Buhari’s script that Kanu should not be released under any circumstance.

In response, Justice Tsoho ruled that he had no personal interest in the trial of Kanu and had decided to return the case file to the CJ, Ibrahim Auta.

An obviously Justice Tsoho had unkind words for the defence counsel, saying he acted unprofessionally through his utterances. He finished the outburst by saying he did not care if he took the  case to another planet.

Back to substance, Justice Tsoho held that since the defence counsel noted lack of confidence in the way the court had handled  the case, “it is only reasonable for the  court to disqualify itself from further hearing the matter.

“Accordingly, this case is hereby forwarded to the Chief Judge for further re-assignment.”

Kanu was arrested by the operatives of the DSS in Lagos on his arrival from the United Kingdom on October 14, 2015 and has since been held in prison.