Kanu is facing charges of treason levelled against him by the Federal government for leading a separatist group. He was apprehended in Lagos, in October, on charges of criminal conspiracy and intimidation.
Tsoho’s withdrawal makes him the second judge to withdraw from Kanu’s case. The first judge in the case, Ahmed Mohammed, stepped down in December 2015, after Kanu said he had no confidence in him.
Recall that in the latest petition by Kanu to the National Judicial Council, Justice Tsoho was accused of “judicial rascality” and was called for investigation by the council.
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Kanu, in the petition through his lawyer, Ifeanyi Ejiofor, asked the council to investigate Mr. Tsoho for giving parallel judgements on the same request.
The letter revealed that after Tsoho decided in favour of the defence in an application for the protection of witnesses by the prosecution, he later ruled in favour of the prosecution, without seeking the permission of a higher court.
Justice Tsoho announced he had stepped down, pending the decision of the council.
“Even if I am cleared of any bias by the NJC, I will not continue with this case,” said Mr. Tsoho.