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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

Appeal Court Affirms IPOB As Terrorist Group

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The Court of Appeal in Abuja has affirmed the January 18, 2018 order by Justice Abdu Kafarati of the Federal High Court, Abuja proscribing the Indigenous People of Biafra, IPOB, and designating it as terrorist organisation.

In a judgment on Thursday, a three-member panel of the Court of Appeal was unanimous in holding that the Federal Government acted lawfully in proscribing the group, whose activities threatened the nation’s continued existence and the security of citizens.

In the lead judgment, Justice Hamma Barka resolved all the issues raised for determination against the appellant – IPOB and declared the appeal unmeritorious and dismissed it.

 

 

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Judiciary

Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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VIO Vehicles
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The Federal High Court in Abuja has curtailed the powers of the Directorate of Road Traffic Services (VIO), barring it from stopping and impounding vehicles or imposing fines on motorists across Nigeria’s capital.

Justice Evelyn Maha, on October 2, 2024, delivered this judgment in response to a fundamental rights enforcement lawsuit initiated by public interest lawyer Abubakar Marshal.

The court found that the VIO, along with other enforcement officials, lacked the legal authority to halt vehicles or penalise drivers.

The ruling impacts the Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT), who were all named as respondents.

Justice Maha ruled that none of these parties, under the Minister’s authority, could justify the seizure of vehicles or the imposition of fines on road users.

The judge further issued a perpetual injunction prohibiting these officials and their agents from infringing on the rights of Nigerians to move freely, asserting that any such actions violate constitutional rights, including the presumption of innocence and the protection of personal property.

This ruling reinforces motorists’ rights and limits the powers of the authorities in vehicle-related enforcement without legal grounds.

 

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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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