TVC E, NEWS – The Federal High Court in Abuja on Friday, refused the application filed by the Department of State Security, to mask its witnesses that would testify in the trial of the director of Radio Biafra, Nnamdi Kanu.
In his ruling, the trial judge, Justice James Tsoho held that, while the applicants prayer sought that accredited journalists be allowed to cover the trial, Section 232 sub-section (4) of the Administration of Criminal Justice Act, specifies offences for which criminal acts should be secluded.
Justice Tsoho further held that the court is swayed by the submission of the respondent that section 232 (4) of the ACJA does not support the applications of the DSS.
He agreed with Defense Counsel Chuks Muoma held that being able to observe the demeanour of witnesses most times helps the court in its decisions.
In addition the Judge pointed out that the DSS had already given the names of its witnesses with court records showing that with the exception of witness number five, other witnesses live in Lagos, Port Harcourt and Enugu.
Justice Tsoho nevertheless conceded that the names and addresses of of the witnesses would not be made public in any of the recordings of the trial process.
Prosecuting counsel, David Kaswe had applied to the court to allow in his witnesses protection, arguing that he was not calling for a secret trial but leave for witnesses who feared for their safety to wear masks while testifying during trial.
He had also sought an order barring members of the public apart from parties, lawyers and accredited journalists from attending the trial.
But in opposing the application, defence counsel, Chuks Muoma (SAN), said that granting the application was tantamount to allowing masquerades to testify in court.
Justice Tsoho consequently adjourned the matter to the seventh of march for trial.
