The Nigerian Government on Tuesday asked Justice Gabriel Kolawole of
the Federal High Court in Abuja, to put the alleged mastermind of the
2010 Independence Day bombing, Charles Okah, in chains.
Mr. Okah, who is standing trial on charges of terrorism alongside Obi
Nwabueze, had on October 6 attempted to jump out of the court located
at the third floor of a five-storey building.
At the resumed hearing, the prosecution, Alex Iziyon, a Senior
Advocate of Nigeria, made an oral application requesting Mr. Okah to be
chained to avoid a possible abortion of justice.
Mr. Iziyon, who referred the court to Section 269 of the
Administration of Criminal Justice Act, 2015, urged it to grant the
application to save the life of the accused person henceforth during
proceedings.
“Where a defendant or an accused person misbehaves or displays
misconduct in the course of proceedings in such magnitude, he or she
should be placed under fetters.
“I urge the court to take judicial notice of the proceedings of Oct. 6 and grant our prayer,’’ he said.
Responding, Samuel Ozidiri, counsel to Mr. Okah, apologised to the
court 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 might 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, this court, as one of the superior courts of
record, created by the constitution, is imbued with discretionary
jurisdiction.
“This 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
(Okah) is such that it may impede a smooth administration of
proceedings.
“I have therefore decided to pull back the court’s exercise of
discretionary jurisdiction on the apologies given by the 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 1st defendant needs to be restrained.
“Okah 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 and the ACJ Act,’’ Mr. Kolawole said.
The Judge adjourned the suit till October 27 for continuation of trial.(NAN)
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