A Federal High Court in Abuja rejected a request by the prosecution to handcuff a suspected mastermind of the October 1, 2010 bombing in Abuja, Charles Okah, during his resumed trial on Tuesday.
The request by the lead prosecuting counsel, Alex Izinyon (SAN), followed a suicidal attempt by Okah to jump out through the window of the courtroom located on the third floor of the five-storey building during the previous proceeding on October 6.
Izinyon anchored his request on provisions of Section 269 and 271 of the Administration of Criminal Justice Act 2015.
Ruling on the oral application, Justice Gabriel Kolawole rejected the request on the grounds of the undertaking by defence lawyers that the accused person would no longer “misconduct” himself.
He, however, said the court, under section 6(6)(c) of the Constitution, reserved the power to make such an order even without any application if the judge was of the view that the conduct of the accused person could impede “the smooth administration of the proceedings”.
The judge observed that the suicidal attempt was more of a show by Okah to “draw attention and perhaps public sympathy” while recalling that a lot of theatrics by the accused person had stalled progress in the case that was filed on December 6, 2010.
He warned Okah not to again “test the resolve of the court to exercise the judicial power conferred on the court under section 6(6)(c) of the Constitution.
Okah is standing trial along with Obi Nwabueze for terrorism charges arising from the October 1, 2010 bombing incident in which 12 persons were said to have died.
Okah, had on October 6, after ending an emotion-filled comment about his protracted trial during the court session, grabbed a nearby chair with which he made repeated but futile attempts to break a window in order to create an opening through which he could jump down from the court room located on the third floor of the five-storey building.
His frustration was ignited by his lawyer’s absence in court.
Defence lawyers – Messrs Samuel Zibiri (SAN) and Oghenenovo Otemu – in October last year, dispensed with the services of Lagos lawyer, Mr. Festus Keyamo, whose law firm had defended the two of them since the case started in 2010.
On Tuesday, the two lawyers apologised for their absence from the previous proceedings and also for what they described as Okah’s indiscretion during last court session.
After the court’s ruling, the prosecution called its second witness, Bassey Omoren, who had earlier testified to be cross-examined by the second accused person’s lawyer, Otemu.
Omoren, a welder, who had been cross-examined by Zibiri in the earlier proceedings, said on Tuesday that he used to work for Charles Okah’s brother, Henry, to weld “hidden compartments” in vehicles.
He also said he testified as a prosecution witness in Henry’s trial in South Africa, where he (Henry), a former leader of the Movement for the Emancipation of the Niger Delta, was tried convicted and is currently serving jail terms for the October 1, 2010 bombing in Abuja.
Responding to Otemu’s questions, he said earlier before he was arrested with the bombing of 2010, he had been arrested and detained for 18 months by the Department of State Service in the course of working for Henry.
The judge expressed surprise at Omoren’s response that he could not remember the year he was detained for such a long period when asked by the defence lawyer.
The matter was adjourned till October 27, November 4 and 19 as well as December 2 and 3.
SOURCE -: http://ift.tt/1RUymhq
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