From Godwin Tsa, Abuja
Against the backdrop of a suicide attempt in court, the Federal Government yesterday asked Justice Gabriel Kolawole to chain the alleged mastermind of October 1, 2010 Independence Day bombings, Charles Okah while in the dock.
This move is to prevent a re-occurrence of a melodrama, which played out at the last court sitting.
Specifically, Okah, who is standing trial on charges of terrorism alongside Obi Nwabueze, had on October 6, caused a commotion in the court as he attempted to end his life by attempting to jump down through the window from a three-storey building.
When his trial resumed yesterday, counsel to the Federal Government, Dr. Alex Iziyon (SAN), made an oral application before the court, requesting that Okah be chained in view of what happened during the court’s proceedings on October 6.
Iziyon made reference to Section 269 of the Administration of Criminal Justice Act, 2015, and urged the court to grant the application that Okah, who is the first defendant be put under fetters while the trial is in progress.
However, Okah’scounsel, Mr. Samuel Ozidiri (SAN) apologised on behalf of his client and urged the court to discountenance the prosecution’s request.
He argued that the application was premature and not worthy of any sympathetic consideration, arguing that the prosecution failed to put the defence on notice before coming up with such an application.
Delivering a bench ruling on the application, Justice Kolawole said granting the prosecution’s request may turn out to be the greatest distraction in the suit.
He said: “By the provisions of section 6 subsection 6 paragraph 8 of the 1999 constitution as amended, this court as one of the superior courts of record created by the constitution, is imbued with discretionary jurisdiction which can be exercised without the need for an application from the prosecution once it is of the view that the conduct of the 1st defendant (Okha) is such that it may impede a smooth administration of proceedings on the charge of which the defendants are standing trial, it is a discretion which the court will exercise whenever the occasion demands, but must be exercised with caution perhaps circumspection otherwise the court’s purpose and attention will be needlessly distracted by incidents such as we have witnessed on Oct 6, 2015.”
He further held: “I have decided to pull back the court’s exercise of discretionary jurisdiction on the apologies given by both defence counsel, but the powers to make any of the orders prescribed in Section 269 and 71 of the ACJ Act, are exercisable once the court forms the view that the defendants or the 1st defendant needs to be restrained so that the proceedings of their trial can no longer be
distracted by what I would regard as a “side show” meant to draw public attention perhaps of sympathy on what has been going on since 6 December, 2010, when the charge in this case was filed by the Attorney General of the Federation against the defendant.
“1st defendant may see this as perhaps the last opportunity not to test the resolve of this court to exercise such powers that are conferred on it by both the constitution the ACJ Act.”
He adjourned the suit till October 27, 2015 for continuation of trial.
[SunNews]
Against the backdrop of a suicide attempt in court, the Federal Government yesterday asked Justice Gabriel Kolawole to chain the alleged mastermind of October 1, 2010 Independence Day bombings, Charles Okah while in the dock.
This move is to prevent a re-occurrence of a melodrama, which played out at the last court sitting.
Specifically, Okah, who is standing trial on charges of terrorism alongside Obi Nwabueze, had on October 6, caused a commotion in the court as he attempted to end his life by attempting to jump down through the window from a three-storey building.
When his trial resumed yesterday, counsel to the Federal Government, Dr. Alex Iziyon (SAN), made an oral application before the court, requesting that Okah be chained in view of what happened during the court’s proceedings on October 6.
Iziyon made reference to Section 269 of the Administration of Criminal Justice Act, 2015, and urged the court to grant the application that Okah, who is the first defendant be put under fetters while the trial is in progress.
However, Okah’scounsel, Mr. Samuel Ozidiri (SAN) apologised on behalf of his client and urged the court to discountenance the prosecution’s request.
He argued that the application was premature and not worthy of any sympathetic consideration, arguing that the prosecution failed to put the defence on notice before coming up with such an application.
Delivering a bench ruling on the application, Justice Kolawole said granting the prosecution’s request may turn out to be the greatest distraction in the suit.
He said: “By the provisions of section 6 subsection 6 paragraph 8 of the 1999 constitution as amended, this court as one of the superior courts of record created by the constitution, is imbued with discretionary jurisdiction which can be exercised without the need for an application from the prosecution once it is of the view that the conduct of the 1st defendant (Okha) is such that it may impede a smooth administration of proceedings on the charge of which the defendants are standing trial, it is a discretion which the court will exercise whenever the occasion demands, but must be exercised with caution perhaps circumspection otherwise the court’s purpose and attention will be needlessly distracted by incidents such as we have witnessed on Oct 6, 2015.”
He further held: “I have decided to pull back the court’s exercise of discretionary jurisdiction on the apologies given by both defence counsel, but the powers to make any of the orders prescribed in Section 269 and 71 of the ACJ Act, are exercisable once the court forms the view that the defendants or the 1st defendant needs to be restrained so that the proceedings of their trial can no longer be
distracted by what I would regard as a “side show” meant to draw public attention perhaps of sympathy on what has been going on since 6 December, 2010, when the charge in this case was filed by the Attorney General of the Federation against the defendant.
“1st defendant may see this as perhaps the last opportunity not to test the resolve of this court to exercise such powers that are conferred on it by both the constitution the ACJ Act.”
He adjourned the suit till October 27, 2015 for continuation of trial.
[SunNews]
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