The leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, and his co-accused persons, Benjamin Madubugwu and David Nwawusi, have filed a fresh application asking the judge, Justice John Tsoho, presiding over their trial at a Federal High Court in Abuja, to disqualify himself.
Kanu and his two co-defendants are being prosecuted before the court on six counts of treasonable felony, unlawful possession of firearms and other offences bordering on their agitation for secession ýof the Republic of Biafra from Nigeria.
The defendants asked Justice Tsoho to withdraw from the case in order to give way for the National Judicial Council to investigate the petition accusing the judge of bias in the handling of their trial.
This came after the Abuja Division of the Court of Appeal in a judgment delivered on May 25, 2016, validated the ruling by Justice Tsoho in which he refused to grant them bail.
They had also in another appeal challenging Justice Tsoho’s ruling in which the court allowed a measure of protection for the identities of prosecution witnesses, accused the judge of bias.
In the said appeal, Kanu and his co-defendants also sought an order of the Court of Appeal to direct the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign their trial to another judge.
In their fresh application filed on Monday by one of their lawyers, Mr. Ifeanyi Ejiofor, the defendants asked for “an order of this honourable court disqualifying itself from further proceedings in this matter.”
An associate solicitor in Ejiofor’s law firm, Mr. Ayoola Emmanuel, stated in an affidavit in support of the fresh motion, that the prayer sought in the motion followed their petition sent to the NJC against Justice Tsoho.
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