Attack Biafra Friday February 19, 2016

Nnamdi Kanu: Masquerades will not testify against me in court.

Masked witnesses were to testify against Nnamdi Kanu today in court.
The prosecution counsel; David Kaswe said that the court should take into consideration that since the arrest of Kanu, there has been protest in the defendant’s region. He added that most of the witnesses reside in the geographical location of the defendants. Kaswe said: “We also asks that these press men will not make public identities and residential locations of these witnesses.“

SAN Chusk Muoma; counsel to Kanu has stated that according to section 364 of the 1999 Constitution as amended, there is NO provision for “masquerades” to testify as witnesses. He said the prosecution’s application implies that masked individuals will be testifying before the court.
The director of Radio Biafra London; Nnamdi Kanu appeared late in court while the hearing was already started on Friday, 19th of February 2016. The delay in bringing Kanu to the court seemed to have been stage-managed as the counsel of the prosecutor argued that the hearing of the case can take place, devoid of the appearance of the defendant. This may not be unconnected to the arranged witnesses who will testify against Kanu hastily but in Masks. After further arguments, the Counsel for the defendant SAN Chucks Muoma agreed that the proceedings go on without the presence of the defendant.

The prosecutor Counsel argued that the there should be a secret while SAN Chucks Muoma argued that a secret trial must not be granted. According to the prosecutor counsel, the Secret trial should be considered by the Judge since the witnesses are Civilians living in the geographical location of the defendants (currently protesting) and that there are recorded cases of violence by IPOB although he failed to give an example of such incidence. He also informed the court that the witnesses requested some form of protection by the Court without which they will not be able to come and testify because they are already scared.

The prosecutor Counsel did not describe the type of fear that the witnesses entertained. SAN Chucks Muoma; the counsel to the defendant countered it stating that the counsel of the prosecutor cannot talk about what he did not file into his former case file and if the Press in Nigeria is something to rely on,the Court will be convinced that it is the other way round.

The Indigenous People Of Biafra (IPOB) have been the ones killed by the Nigerian Federal Government, thus he insisted that the case should be an open one. SAN Chucks Muoma said that secret trial is for terrorism not for the kind of offences – possession of firearms and management of an unlawful society – that the defendants have been accused of.

The counsel of the prosecutor pleaded that the witnesses be masked and argued that the body language of the witnesses will dictate to the Court of Law if they were truthful or lying. In a counter motion, SAN Chucks Muoma further to stated that,”An accused person under our jurisprudence and Justice of accusation must be confronted by his accusers eye balls to eye balls. He went further to state that under the constitution, justice must be done.

He further referred the Judge; Justice John Tsoho to sections 364 3.01,4.02,4.03.4.04,4.06 of the 1999 constitution as they are compatible and consistent with common sense and jurisprudence. He said “you cannot accuse someone on the streets public and then try him in the bedroom” and that for the 45 years of his practice, he has not witnessed such a thing. And that even our traditional Justice calls it an abomination to accuse someone in public and then give him a secret trial.

“If the witnesses are afraid, what about the safety of the counsels?” SAN Chucks Muoma lamented. Justice John Tsoho told the Court that, that he intend to have a ruling today. SAN Chucks Muoma insisted that they see the faces of the prosecution’s witnesses so that they can see the way the witnesses twitch their faces and their body movement as well. He said if you want to kill a Rabbit, kill him the way you killed others and not the other way round.