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Kanu: Adopt UK, US manner of secret trials, ex-federal lawmaker tells FG

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Nnamdi Kanu
Nnamdi Kanu
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As the trial of the leader of the proscribed IPOB, Nnamdi Kanu, resumes on Monday, a former federal legislator who authored and co-sponsored the Terrorism Act Amendment Bill of 2013, Kayode Oladele, has called for a procedure which disallows those charged with terrorist acts from using the trials as a propaganda platform.

Kanu’s arrest from an unknown location and his extradition to Nigeria was announced on June 27 by the
country’s Attorney General, Abubakar Malami.

The News Agency of Nigeria (NAN) reports that the IPOB leader was consequently arraigned before Justice Binta Nyako of the Federal High Court, Abuja, amidst tight security on June 29.

The case was subsequently adjourned till July 26.

Oladele, a former Chairman of the House Committee on Financial Crimes in the 8th Assembly, however, canvassed the need for a closed trial of terrorists.

He advised the Federal Government to embrace secrecy in court terrorism trials, being the model used by several Western nations.

According to him, acts of terrorism are tantamount to acts of war.

The former lawmaker stated these in a five-page article entitled: “Terrosim Trials: An Overview of the Delicate Balance between National Security and Human Rights.”

The lawmaker said all terrorism trials anywhere in the world by their nature were always full of intricacies which involved several difficult legal issues bordering on procedure, conflict of laws including the protection of witnesses, issues of disclosure and the use of sensitive evidence during trials.

He urged the Federal Government to ensure a balancing between national security and fairness of proceedings at all stages through proper protection of human rights standards as an international law obligation by the state

The legal practitioner also advised the government to adopt secrecy in the process, maintaining that this had been the common practice globally.

He said: “Secrecy of terrorism trials, which is another common feature of terrorism trials globally, can be found in Nigerian law.

” Section 31(3) of the 2011 Act provides that the court may, on motion by or on behalf of the prosecuting agency, in the interest of public safety or order, exclude from proceedings instituted for any offence under this Act, any person other than the parties and their legal representatives.

“Surprisingly, the 2011 Terrorism Act did not create a separate court for the trial of terrorists.

” The jurisdiction is still vested in the Federal High Court which presumably is expected to use the same procedure used for the prosecution of other criminal cases in terrorism trials, a significant departure from what is obtainable in several other jurisdictions where in addition to secret trials, separate courts such as Military Tribunals are usually used for the trial of terrorism cases.”

He also quoted Section 30 of the 2011 Act as giving the Attorney- General of the Federation the general powers to institute and undertake criminal proceedings on behalf of the Federal Government of Nigeria even though he may “delegate his power to any agency charged with responsibility of terrorists investigation to institute criminal proceedings against any person in respect of offences categorised” in the Act, ” which he put forward as empowering the government to justify to mode of the proceedings.

“Realising that acts of terrorism are tantamount to acts of war, several Western nations including the United States and United Kingdom not only try most terrorism cases secretly by Special Tribunals, they also sometimes adopt special procedures in order to protect national security, public interest and also “achieve a high rate of conviction that would not be achievable in the regular courts, where “due process” is diligently pursued.

“In the trial of terrorists, therefore, the focus is mainly about “dispensing military justice attendant to a military conflict”, not necessarily (though important), the protection of the fundamental rights of the terrorists,” he said. (NAN)

 

 

 

 

 

 

 

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Judiciary

27 Rivers Assembly Lawmakers Dump PDP For APC

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Rivers State Governor Siminalayi Fubara and his predecessor, Nyesom Wike
Rivers State Assembly Complex. Insets: Governor Siminalayi Fubara (L) with FCT Minister, Nyesom Wike
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The Current political drama in Rivers State has taken a new turn as 27 members of the Rivers State House of Assembly have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

A member of the Assembly, Enemi George, confirmed to Channels Television that the 27 lawmakers were under the leadership of Martin Amaewhule.

He said the decision was taken during their sitting on Monday morning.

For weeks, Amaewhule and another member, Edison Ehie, have been embroiled in a Speakership tussle. Amaewhule is believed to be loyal to ex-governor Nyesom Wike while Ehie is known to be in the camp of Governor Siminalayi Fubara.

The Assembly under Amaewhule had in October served an impeachment notice on the governor and removed Ehie as the House leader. However, some members of the Assembly loyal to Fubara immediately impeached Amaewhule and made Ehie the new Speaker.

The crisis in the 32-member Assembly had begun as a result of a rift between Fubara and his predecessor, Wike, who is now the Minister of the Federal Capital Territory (FCT).

Though the two politicians have both attended same public events in the last few weeks and all seemed to have been settled but with Monday’s defection of 27 lawmakers from the PDP to the APC, more drama might unfold in the state’s political arena.

Meanwhile, some political players from other parties over the weekend announced their defection to the PDP.

Leading the defectors from the Social Democratic Party (SDP) and the APC were the deputy governorship candidate of the SDP in the 2023 election, Patricia Ogbonnaya; and former Ahoada-West Chairman, Karibo Wilson.

They decamped alongside their supporters and other party excos.

The politicians dumped their former parties to pitch tent with the PDP group loyal to Fubara.

Also in attendance were some of the Ehie-led group of lawmakers, with the member representing Ahoada West, Goodboy Sokari representing the governor alongside Oko Jumbo from Bonny Constituency.

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NJC Recommends Appointment Of 11 Supreme Court Justices

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Entry Point to Supreme Court Complex Abuja
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The National Judicial Council (NJC) has recommended the appointment of 11 justices to the Supreme Court.

A statement by the apex court’s Director of Information, Soji Oye, said the recommendation was made at the 104th meeting of the council in Abuja on Wednesday.

The recommended candidates would be sworn-in after the approval of their recommendation by President Bola Tinubu and the subsequent confirmation of their appointment by the Senate.

With this appointment, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.

Those recommended for appointment to the Supreme Court are:

Hon. Justice Jummai Hannatu Sankey, OFR
Hon. Justice Chidiebere Nwaoma Uwa
Hon. Justice Chioma Egondu Nwosu-Iheme
Hon. Justice Haruna Simon Tsammani
Hon. Justice Moore Aseimo A. Adumein
Hon. Justice Obande Festus Ogbuinya
Hon. Justice Stephen Jonah Adah
Hon. Justice Habeeb Adewale O. Abiru
Hon. Justice Jamilu Yammama Tukur
Hon. Justice Abubakar Sadiq Umar
Hon. Justice Mohammed Baba Idris

The NJC at its last meeting for the year also recommended the appointment of Justice Mohammed Ramat to the Court of Appeal, as well as six heads of courts and 26 other judicial officers.

The various Heads of Court recommended would also be sworn-in upon the approval of their appointment by their various State Governors and subsequent confirmation of same by their respective State Houses of Assembly.

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Judiciary

CJN Urges Judges To Remain Fair In Judgements

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Justice Olukayode Ariwoola
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The Chief Justice of Nigeria, Justice Olukayode Ariwoola, has asked Judges to maintain the integrity that the Judiciary is known for and remain fair and firm in their Judgements.

The CJN was speaking at the opening of the special session of the 2023/2024 Legal year and Swearing-in of 58 newly conferred Senior Advocates of Nigeria In Abuja.

Ariwoola added that he expects every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all their judicial functions with all the humility at your command.

While pledging to safeguard the rule of law, the holistic independence of the judiciary and the trust and confidence of the public, the CJN further reiterated the determination of the Judiciary, not to be overwhelmed by the sentiments of the public in their decisions.

He stated that the law remained the law, no matter whose interest was involved.

He charged them that In all they do, as interpreters of the law, they should endeavour to severe the strings of emotion from logic and assumption from fact.

The CJN further reminded the judges that it is necessary to have at the back of their minds that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before them.

He stated that the Judiciary, as it is today, is more deserving of public trust and confidence than ever before; and they are poised to reposition it for effective justice delivery to make the country a destination of note in the observance of the rule of law and tenets of Constitutionalism.

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