Justice John Tsoho held that masking the witnesses would hide their attitude and countenance from the court.
“There is no gain saying that demeanour of witnesses is very crucial in a trial,” he said. Adding that there is no sufficient evidence that shows that the witnesses are being threatened.
He
said the Department of State Services (DSS) has already revealed the
names of its witnesses and addresses, noting that they reside in Lagos,
Enugu and Port Harcourt, which is not in Kanu's locality.
“It is not correct therefore to assert that many of the witnesses come from the accused persons location,” he said.
Before
adjourning the case, he ruled that names and addresses of the witnesses
would not be made public during the trial. He fixed March 7 and 11 for
the continuation of the trial.
In
the application, the DSS had said the witnesses may refuse to testify
against kanu if there identities are not protected, stressing that it is
not seeking a secret trial.
But Kanu's lawyer, Chuks Muoma
(SAN), opposed the move, describing the witnesses as masquerades. He
argued that what the prosecution is asking for is a secret trial, urging
the court to draw a distinction between a closed trial and protection
of witnesses.
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