The Federal High Court sitting in Abuja before Justice James Tsoho, has dismissed an application to stay proceedings, over its appeal against the ruling of the court allowing for witness protection.
Justice Tsoho, while dismissing the application, averred that the application for stay of proceedings was antitethical to speedy trial.
The trial judge stated that the crux of the application was not premised on the issue of jurisdiction, but the mode of procedure in trial.
He further averred that in all the cases cited by the defendant, they were not in tandem with Section 306 of the Administration of Criminal Justice Act (ACJA), conceding to the fact that Section 306 seeks to eradicate stay of proceedings, the judge held that the provision has not eroded the right of appeal.
“This is because it does not inhibit the defendant/applicant from appealing on the interlocutory ruling. Interlocutory appeal does not give right to stay of proceedings”, he held.
He also cautioned one Ifeanyi Ejiofor, a member of Kanu’s legal team over the use of inflammatory and highly derogatory words used in its statement in support of the affidavit filed alongside the application to the court.
Having refused and struck out the application, commencement of to trial was fixed for June 20, 21, 22 and 23, 2016.
The leader of Indigenous People of Biafra (IPOB), Kanu is standing trial alongside two others for allegedly being in possession of some firearms, treasonable felony and assisting in the management of an unlawful society by the Department of State Service (DSS).
His appeal on an earlier ruling of the trial court on protection of witness, is slated to be heard on May 5, 2016.
