From Godwin Tsa, Abuja

Justice John Tsoho of the Abuja division of the Federal High Court, yesterday, disqualified himself from the trial of suspected members of the Boko Haram sect over alleged bias.

The suspected terrorists are facing an 11-count charge for allegedly kidnapping and murdering 11 foreign nationals between 2011 and 2013 in the northern part of the country.

They are Mohammed Usman (aka Khalid Albarnawi), described as  leader of a Boko Haram splinter group, Mohammed Bashir Saleh, Umar Bello (aka Abu Azzan); Mohammed Salisu (Datti); Yakubu Nuhu (aka Bello Maishayi), Usman Abubakar (Mugiratu) and a lady, Halima Aliyu.

When the matter came up for trial, the suspects accused the judge of bias based on his order directing them to be detained in the custody of the Department of the States Security Service (DSS) rather than the initial order of the court that they be remanded in prison custody.

In his ruling on the request of the defendants for transfer of their case, Justice Tsoho disqualified himself from presiding over the trial. The court held that since the suspects had alleged bias, the honourable thing to do “is to disqualify myself from hearing the case.”

He noted that the Boko Haram suspect were alleging bias and loss of confidence because of the order that they be kept in DSS custody against its earlier ruling.

Justice Tsoho who observed that his order of April 25, 2017 has not been appealed, however, withdrew from the trial.

“In keeping with the demand of the suspects,  this court is minded to disqualify itself from moving ahead with the trial. The case file will be returned to the Acting Chief Judge for re-assignment to another court,” Justice Tsoho declared.

Justice Tsoho had on March 14, 2017, ordered that the defendants, who were arraigned for alegedly committing an offence punishable under Section 15 (1) (b) of Terrorism (Prevention) Act 2011 as amended in 2013, be remanded in Kuje Prison.

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Rather than obey the remand order made on March 14, the prosecution counsel returned to court with an application seeking Tsoho to vary his earlier directive.

After taking arguments from prosecution and defence lawyers, the court, on April 25, succumbed to the pressure of the Federal Government, and ordered that the defendants be kept under the custody of the Department of State Service.

Earlier, the defendants had informed the court that the first defendant had complained that he was unfairly treated under DSS custody, having been separated from his co-defendants.  Abah specifically told Justice Tsoho that the 1st, 4th and 6th defendants had alleged bias on the part of the court, and have sought transfer of the trial to another judge.

Also, Elisha Oloruntoba, representing the fifth defendant; and Aliyu Momoh, counsel to the seventh and eighth defendants all informed Justice Tsoho that their clients are accusing him of bias.

However, the prosecution counsel vehemently opposed the application of the defendants.

He said it was a ploy to delay the trial and to dramatise proceeding.

The charge named the murdered foreigners as Christopher Mcmamus (Briton), Franco Lamoliara (Italian), Francis Colomp (French) and Edgar Fridz Rampach (German).

They were said to have been killed by their abductors after being kidnapped from a construction site in Birnin Kebbi.

They were abducted on May 12, 2011 and detained at the Mabera area of Sokoto State until March, 8, 2012 when they were allegedly killed by their abductors.

The seven other victims namely: “Carlos Bou Azziz, Brendan Vaughan, Silvano Trevisan, Konstantinos Karras, Ghaida Yaser Sa’ad (F), Julio Ibrahim El-Khouli and Imad El-Andari, were abducted on February 18, 2013 and taken to Sambisa forest where they were kept for 10 days before being murdered.