Justice James Tsoho ruled that the application for stay of proceedings lacked merit and ordered that the trial would proceed in the mode earlier directed by the court.
Kanu and his 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 of the Republic of Biafra from Nigeria.
They had asked for stay of proceedings on the basis of the appeal which they had filed against the March 7, 2016 ruling of the court varying its earlier decision of February 19, 2016, by permitting prosecution witnesses to testify behind screen.
In dismissing the defendants’ application on Tuesday, Justice Tsoho relied on provisions of section 306 of the Administration of Criminal Justice Act, 2015, which prohibits courts from entertaining motions for stay of proceedings with respect to criminal cases.
Contrary to the contention by the defendants’ lawyer, Chuks Muoma (SAN), Justice Tsoho held that the provision of section 306 of ACJ Act could not deny an accused person fair hearing or right of appeal guaranteed an aggrieved party in a criminal case in section 241 of the Constitution.
The judge held that rather, the provision of the ACJ Act was to enhance the right to speedy trial guaranteed an accused person in the Constitution.
“Section 306 of ACJA removes hitches to speedy trial which is component of fair hearing,” Justice Tsoho ruled.
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