Again Nnamdi Kanu asks Justice Tsoho to obey the rule of law and stay off proceedings until. . .

Again Nnamdi Kanu ask Justice Tsoho to obey the rule of law and stay off proceedings

Nnamdi Kanu, the fiery Biafran leader and director of Radio Biafra director today ask an Abuja High Court to stay further action on his trial, pending decision of his appeal against the ruling of the court.

Kanu's legal team, through the lead counsel, Chuks Muoma (SAN), prayed the court to stay further proceedings on his trial until the Appeal Court takes a decision on a ruling of the court which reversed earlier ruling of secret trial and permitted Department of State Services (DSS) to masked its witnesses against Kanu.

“My lord, we are in court this morning to move a motion by the defendant, a order staying further proceedings on hearing pending an appeal filed on the ruling of this honourable court,” Muoma said.

Citing Section 6 subsection 6 of the 1999 Constitution as amended, Muoma said the defendants will rely on the hearing jurisdiction of the court.

He also said that the applicants will also rely on the fact stated in a 10-paragraph supporting affidavit to the motion.

“My lord, paragraphs 8R and T we refer to further support the application,” he added.

However, the prosecution told the court that the DSS has filed a 5-paragraph counter affidavit from the office of the director public prosecution.

The DSS counsel, S. N Labaran said a 4-paragraph written address was also filed to adopt all the process filed in opposition on the motion on notice by the defendant.

“We urge your lordship to consider our written address in opposition of the motion on notice filed by the defendant as our oral address,” Labaran said.

He prayed the court to discontence the application and rather move for a speedy trial stating that the DSS is not opposing the right of appeal by the defendants.

Also replying on point of law, the defense counsel said stay of proceeding is an adjunct to the right of appeal provided by section 241 (1) of the 1999 Constitution as amended.

“My lord, the law doesn’t give you with the right and take away with the left,” Muoma said.

Kanu’s appeal came after Justice John Tsoho granted the DSS the permission to use masked witnesses.

The court in its ruling had asked that the witnesses be masked from the audience and that their names and addresses protected from the public.

But his argument, the defense counsel said it will be wrong to make such protection for people who had accused the defendants in public.

“You cannot accuse someone in public and try him in the bedroom,” Muoma had argued.

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