Kanu, others drag Judge to NLJ

ABUJA—The detained leader of the
Indigenous People of Biafra, IPOB, Mr.
Nnamdi Kanu and two other pro-Biafra

agitators, David Nwawusi and Benjamin
Madubugwu, have dragged the judge
handling their trial, Justice John Tsoho,
before the National Judicial Council, NJC.
Nnamdi Kanu arrive the Federal High Court,
Abuja, on Monday, June 20, 2016.
The trio who are answering to a six-count
treason charge before the Federal High
Court in Abuja, accused the judge of
“misconduct and manifest bias”.
Sequel to the petition dated April 26 and an
accompanied verifying affidavit on oath,
dated May 24, the defendants, on Monday,
asked Justice Tsoho to temporarily hands-
off their case.
They filed the motion on a day the Federal
Government maintained that its witnesses
were in court and ready to testify against
Kanu and others.
A lawyer from office of the Department of
Public Prosecution, DPP, Mr. M. S. Labaran,
while acknowledging the petition pending
before the NJC, however alleged plot by the
defendants to scuttle their trial.
“My lord, our witnesses are available, but
the prosecution was confronted this morning
with a fresh motion from the defendants.
Even from the face of the motion, there is a
clear indication that the defendants are out
to truncate the proceedings of this court”,
Labaran submitted.
He said there was need for the prosecution
to react to some of the issues Kanu and the
others raised before the Council.
Meantime, in the motion they filed pursuant
to section C Rule 1(A) of the Federal
Republic of Nigeria Code of Conduct for
Judicial Officers and section 36 of the 1999
Constitution, as amended, the defendants
applied for an order disqualifying Justice
Tsoho from further proceedings in the
matter.
According to them, “There is a manifest
case of bias against the court, which
complaint is also a subject of scrutiny by
the NJC, currently probing the allegations of
misconduct and manifest bias against the
court in charge No: FHC/CR/383/2015.
"That by virtue of the aforesaid scrutiny, this
court’s impartiality in further proceedings in
this charge shall be reasonably questioned”.
In an eight-paragraphed supporting affidavit
deposed by one Ayoola Emmanuel, the
defendants, told the court that the Chief
Justice of Nigeria, CJN, Justice Mahmud
Mohammed, who is the head of the NJC,
formally acknowledged receipt of their
petition vide a letter with Ref. No. NJC/F.3/
FHC.8/1/116A.
They argued that “following the present
action by the NJC, it will only be tidy and
most honourable that the court disqualified
itself forthwith from further proceedings in
the matter.