Judge Withdraws From Pro-Biafra Leader’s Trial

Justice Ahmed Mohammed of the Federal High Court in Abuja on Wednesday
withdrew from the trial of pro-Biafra leader and founder of Biafra
Radio, Nnamdi Kanu.

This followed an objection by Kanu, who spoke from the dock where he
stood along with his two co-defendants, ‎saying that he lacked
confidence of getting justice from the trial conducted by the judge.

Two other persons charged along with Kanu are ‎Benjamin Madubugwu and
David Nwawuisi.

The judge upheld Kanu's objection saying that it was within his right
to object to being tried before a judge or any court in which he had
no confidence.

The arraignment of the accused persons scheduled for Wednesday was
stalled, as the judge ruled that he would return the case file to the
Chief Judge of the Federal High Court, Justice Ibrahim Auta, "for
further action."

The Director of Public Prosecution, Mr. Mohammed Diri, who filed fresh
six counts including treasonable felony against Kanu and two others on
Friday, asked the judge to dismiss Kanu's objection citing section
396(2) of the Administration of Criminal Justice Act 2015.

The provision of the law only allows a defendant to only raise an
objection to the competence of the charges preferred against him‎
after he or she has taken his plea provided that his objection would
be considered along with the substantive case.

But Justice Mohammed in dismissing the DPP's objection held that the
type of objection raised by Kanu had nothing to do with the one
contemplated under section 396 of the ACJ Act.

Kanu was led away by men of the Department of State Service after the
Wednesday's proceedings.

The fresh case against Kanu was filed on Friday, barely 24 hours after
another judge of the Abuja Division of the Federal High Court, Justice
Adeniyi Ademola ordered Kanu's unconditional release from the custody
of the Department of State Service.

Justice Ademola ordered the DSS to release Kanu unconditionally since
there was no pending charges against him about two months after his
detention.

But instead of releasing him, the Federal Government filed fresh
charges against him on Friday.

-P