NNAMDI KANU VS THE Nigerian Government COURT CASE UPDATE, 05/04/2016….
We reported the Court Trail of Nnamdi Kanu where at an Abuja Federal High Court on Wednesday the case was adjourned to April 5.
Justice John Tsoho adjourned the matter following a prayer by the prosecution led by M.S.Diri.
Diri urged the court to adjourn the matter so as to allow the prosecution respond to an application it was served by the defendant just this morning.
“Though the case was fixed for today, we have five witnesses outside the courtroom waiting to testify but because of the motion of notice served by the defendants counsel on the prosecution , we are asking for an adjournment so that we will properly respond to the application,” Diri said.
Kanu’s counsel, Chuks Mouma earlier informed the court that he on behalf of his client had filed a motion for stay of proceedings against an earlier court ruling which allowed the prosecution witnesses to testify through screen.
“We filed a motion for stay of proceedings.
In line with the prosecution’s submission, Justice John Tsoho adjourned the matter till April 5.
Its 5th April 2016 and We are getting reports from the IPOB Family writers present at the court hearing and will update this post as more news develop.
The presiding judge Justice John Tsoho arrived and climbed the bench at about 10:10 am. He proceeded to read out the names of the three accused persons.
S.M Labaran was the first to introduce himself on behalf of the FG. Followed by Chuks Muoma appearing for the defendants with his learned legal team. At this point, Director Nnamdi Kanu just arrived, at about 10:14 am while his lawyer is still introducing his legal team
Chuks Muoma raised a motion for proceedings which was filed on the 7th day of March 2016. Barrister Chuks Muoma told the court that the applicants will rely on the facts contained in the filed application. He said that the letter attached to the affidavit is exhibit MD3. He told the court that the defendants also rely on all the positions in the said affidavit and said, the two written addresses was in pursuant of this affidavit. He informed the court that the second written address attached to the application is dated 22nd March 2016.
At this point, the judge intercepted Barrister Muoma saying that the time allowed for him to make his presentation has elapsed, but Muoma reminded the judge that he, [Muoma] has within 20 minutes to make his presentation and that he has not exhausted the time. But the judge adamantly stopped him from continuing in his presentation.
The Prosecutor in his presentation asked the court to disregard the application submitted by the defendants, describing it as “bias”.
Chuks Muoma rose to react to the Prosecuting counsel’s plea, citing that it’s an adjunct of the right of appeal as stated in section 241(2) of the constitution adding that the law is not hypocritical. Muoma Chuks said his reaction in the court is an act of appeal provided by section 241 subsection one, of the Constitution. The law is not hypocritical, it doesn’t do with the right and takes away the right.
Chuks Muoma quoted those sections saying that Section 306 is unconstitutional regarding the case of Kanu. He said that section 306 of the administration of criminal justice act constitution is an aberration to section 214, therefore, its null and void, saying that it’s unconstitutional and therefore, cannot stand. He further explained section 306, saying that it’s contradictory to that of 214, and saying that it’s not done and that he is standing by it.
At this point, there was a grave silence in the court as it seemed that Barrister Chuks Muoma [SAN] has quashed the prosecution’s point of argument.
Barrister Chuks Muoma [SAN] broke the silence only for the judge, Justice John Tsoho, who could not hide his contempt for Kanu adjourned the court session till Tuesday, 26th April 2016.
From correspondents, live in Abuja,
Chukwuemeka Chimerue and Anyikwa Kelechi Cynthia, reporting