The judge handling the case of the leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu, today hands off the case, Justice John Tsoho of the Federal High Court, Abuja who washed his hand off the case also returned the case file to the Chief Judge for re-assignment.
The lead counsel to Kanu, Chuks Muoma (SAN) told the court that it will only be proper for the court to suspend hearing of the case pending the outcome of investigation of the Nigerian Judicial Council (NJC). He informed the court that the NJC has responded to the petition filed by Kanu against the judge, saying they are investigating the matter.
According to Justice Tsoho he ruled that since the defense counsel noted lack of confidence in the way the court is handling the case, “it is only reasonable this court recuses itself from further hearing the matter.”
“Accordingly, this case is hereby forwarded to the Chief Judge for further re-assignment”, the judge ruled.
Mr. Tsoho who announced stepping down from the case said; “Even if I am cleared of any bias by the NJC, I will not continue with this case.”
Meanwhile, Kanu has petitioned the National Judicial Council (NJC) against Justice James Tsoho of the Federal High Court in Abuja, before today’s preceding.
Kanu who through his counsel Ifeanyi Ejiofor submitted a 40 paragraphs petition, accused the judge of fundamental breach of judicial oath and bias in the handling of the matter.
Ejiofor asked the NJC to strip the judge from further hearing the case and institute a probe against him for acting on “higher orders” on the secret trial rulings.
He said the judge gave two conflicting rulings on the issue of secret trial for the defendants wherein he approved the shielding of witnesses on March 7 after he had earlier refused it on February 9 and February 19.
He alleged that the lead defence counsel, Chuks Muoma (SAN) was shut out by the judge in opposing the application made orally by the then Director for Public Prosecutions (DPP), Mohammed Diri.
The lawyer claimed that the efforts by the defence to obtain copies of the rulings were thwarted by the judge for two months and fifteen days and two months and six days respectively until the intervention of the Chief Judge, Justice Ibrahim Auta.
“That efforts made afterwards to ensure that the rulings delivered on the 9th day of February, 19th day of February and 7th day of March, 2016 were accessed by the defence remained unsuccessfully until our formal complaint to the Honourable Chief Judge of the Federal High Court,” he said.
“That during the period under probe I severally visited the Registry of the court, and their response remained that the rulings had long been typed awaiting final vetting and proof reading by his lordship.”
