Nnamdi Kanu: Court refuses DSS application to mask witnesses
– The Federal High Court in Abuja has refused the Department of State Security (DSS) applications to mask its witnesses in the trial of the director of Radio Biafra, Nnamdi Kanu
– The DSS had sought the court’s permission to mask its witnesses that will testify against Kanu
In his ruling on Friday, February 19, Justice John Tsoho said that while the applicants prayer sought that accredited journalists be allowed to cover the trial, Section 232 subsection (4) of the Administration of Criminal Justice Act (ACJA) specifies offences for which criminal acts should be secluded.
Nnamdi Kanu in court today
He said the court is swayed to the submission of the respondent that section 232 (4) of the ACJA does not support the applications of the applicant (DSS).
“There is no gain saying that demeanour of witnesses is very crucial in a trial,” Tsoho said.
Giving the dictionary meaning, Tsoho said demeanour most times helps the court in its decision.
He said he agrees with the defense counsel, Chuks Muoma that the demeanour of a witness is better observed from their faces rather than behind masks.
Prosecuting counsel, David Kaswe had applied to the court to allow it witness protection.
He had also argued that he is not calling for secret trial but that the witnesses who feared for their safety wear masks while testifying during trial.
But the defense counsel, Chuks Muoma said witnesses wearing masks will be tantamount to accusing someone in the open and trying them in secret.
Muoma said the accused persons must be allowed to be confronted by their accusers “eye balls to eye balls”.
It is to the counsels’ arguments and submissions that Tsoho ruled that sufficient particulars have not been provided by the prosecution that the proposed witnesses are being threatened.
Tsoho said: “The prosecution (DSS) has all the means to protect the witnesses.”
In addition, the judge said the DSS has already given names of its witnesses – eight of them.
He said that court records show that except for witness number five whose name is not given, other witnesses live in Lagos, Port Harcourt and Enugu.
“It is not correct therefore to assert that many of the witnesses come from the accused persons location,” he said.
Tsoho said that prayer five that witnesses wear facial masks is denied.
He however granted prayer one, two and three of the application.
The judge added that namesand addresses of the witnesses shall not be made public in any of the recordings of the trial process.
Following these, Tsoho adjourned the the matter to Tuesday, March 8 to Friday, March 11 for the prosecution to open its case.
Kanu alongside two others – Benjamin Madubugwu and David Nwawuisi are been accused of illegal possession of firearms and assisting in the management of an unlawful society.
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