The Boko Haram splinter group is named Jama’atu Ansarul Muslimina Fi Biladis Sudan (aka Ansaru) Justice Tsoho announced his withdrawal yesterday during a ruling on an application by six of the eight defendants, who wanted him to transfer the case to another judge. The Federal Ministry of Justice, earlier this year, arraigned them before Justice Tsoho on an 11-count amended charge of terrorism. They were, among others, accused of taking hostage and killing nine foreigners, including British and Italian expatriates, between 2011 and 2013 in Sokoto, Kebbi, Bauchi, Borno, Gombe and others in the North. Justice Tsoho ordered that they be remanded in prison. But following an application by the prosecution, the judge changed his mind and directed that the defendants be kept in the custody of the Department of State Services (DSS) and adjourned for trial. At the court yesterday, lead prosecuting lawyer Shuaibu Labaran said prosecution was ready for trial. But before the judge could decide whether or not the prosecution should call its witness, some defendants indicated their intention to speak Justice Tsoho then stood down proceedings for 15 minutes to enable them confer with their lawyers. On resumption, lawyers to six defendants, including Niven Momoh, told the court that their clients want the case transferred to another judge. They said by reversing himself on their place of detention, the judge exhibited bias. Lawyers to two of the defendants, however, said they have faith in the judge and wanted to be tried separately from others. Although Labaran opposed the request for transfer and urged the court to allow the prosecution to call its witnesses, Justice Tsoho thought otherwise. According to him, because the trial is a joint one and majority of the defendants sought a transfer, it is in the interest of justice for him to withdraw. He announced his withdrawal and transferred the case file to the court’s Acting Chief Judge Justice Adamu Kafarati for re-assignment.]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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