Independence Day Bombing: Chain Okah During Trial, FG Tells Court

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)