THE NATION THURSDAY, SEPTEMBER 29, 2011
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NEWS Army chief’s trial: Falana to present final written address From Yusufu Aminu Idegu, Jos
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R Femi Falana, counsel to the Brigade Commander of 33 Artillery Brigade, Bauchi, Brig.-Gen. Muraina Raji, who is facing trial for allegedly aiding the escape of two Boko Haram suspects, is expected to present his final address today. This is to prepare the grounds for the judgment of the Court Martial trying the alleged conspiracy at the 2 Armoured Division Headquarters, Maxwell Khobe Cantonment, Jos, Plateau State. The special court, in its sitting yesterday, received the final written address of counsel to the prosecutor, led by Colonel A. A. Ariyibiyi. In his final address, Ariyibi said: “Eight witnesses testified for the prosecution through whom documentary evidence was tendered and admitted. “The prosecution shall rely on the evidence of witnesses and exhibits before the court with relevant laws to prove beyond reasonable doubt that the accused officer committed the offences as charged and, therefore, deserves punishment.” Introducing the matter before the court, the prosecutor said the address was made pursuant to Rule 62(1) of Rules of Army Procedure of 1972. He averred that the case against Raji involved neglect to perform military duties. Aribiyi said: “The senior officer, while serving as Commander, 33 Artillery Brigade, Bauchi, was alleged to have accepted two high profile Boko Haram suspects from the Department of State Service (DSS), Bauchi State Command, for safe keeping in Wetland Detention Facility (WDF) in 33 Artillery Brigade, Shadawanka Barracks, Bauchi. He was also alleged to have given instructions to Garrison Commander, 33 Brigade, to detail guards to WDF Shadawanka Barracks, Bauchi, sometimes, on January 11, to secure the two high profile Boko Haram suspects but failed to assign responsibilities to the appropriate experts in handling the detainees to ensure their security and safety...” He gave the names of the escaped suspects as Nasiru Inusa and Inusa Bello. The prosecutor urged the court to return a verdict of guilty on the accused based on evidence. Falana is to present his final written address today while the President of the court will sum up the case and deliver judgment within 24 hours, in line with the Military Law establishing the Special Court Martial.
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•Acting General Secretary of the National Union of Air Transport Employees (NUATE), Comrade Abdul-Kareem Motajo (left) addressing Domestic Airports Cargo Agents Association (DACAA) members at the inauguration of the association as an affiliate of NUATE at the Murtala Muhammed Airport, Ikeja, Lagos...yesterday PHOTO: ISAAC JIMOH AYODELE
How to deal with Boko Haram, by Uwais, Akinyemi F ORMER Chief Justice of Nigeria (CJN) Justice Muhammadu Lawal Uwais has said the Federal Government could either prosecute members of the Boko Haram sect for crimes they have allegedly committed or negotiate with them politically. He, however, did not endorse any option, but said Nigerians should assist security agencies with information, if they have same. But a former Foreign Affairs Minister, Prof. Bolaji Akinyemi, said dialogue was not the best option because the sect’s demands threaten the country’s core values and Constitution. Uwais addressed reporters in Lagos on Tuesday night at the Justice Taslim Elias Memorial Lecture, organised by the Nigerian Institute of Advanced Legal Studies (NIALS) and presented by Akinyemi.
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By Joseph Jibueze
It was entitled: New Developments in International Law and Diplomacy: One Step Forward, Two Steps Backwards? Uwais said: “It’s either way. If you go by the position of the law, you feel crime has been committed and, therefore, people who are responsible should be dealt with according to the law. “On the other hand, it’s also a political issue. A crime may have been committed, but if you want to deal with it politically, you have to dialogue. But I don’t have any particular opinion on the way to go. “I’m not a security man; so, it’s not easy to say what all of us should do. But we ought to be vigilant because it is said that the price of liberty is eter-
nal vigilance. We ought to be vigilant and we ought to help the security agencies with information if we have any.” Asked if he thought the Goodluck Jonathan administration is dealing effectively with it, Uwais said: “That’s political, and I’m not a political animal.” Akinyemi disagreed with the dialogue option recommended by the Presidential Committee on Security Challenges in the Northeast, and chided judges who allegedly refused to preside over the trial of Boko Haram suspects. “You cannot dialogue with a group or any set of individuals if their objectives fundamentally challenge the fundamental and constitutional values of the country. You cannot.
“What will be the purpose of the dialogue? That you reach a compromise with them as to which sections of the Constitution will not be applicable in some parts of the country, or what? “I have a problem with Nigerian judiciary. I have been told by people who know about this matter that there is no judge in the Northeast who is prepared to try any Boko Haram case. I don’t blame them: I am sitting in Lagos and I am hesitating to express my views on this matter. “But there are laws that can bring Boko Haram members under the Federal High Court, if you really want to,” he said. “My greatest fear is that the Americans do not see Boko Haram as a part of al-Qaida and then move into Nigeria to help with Boko Haram. I just pray they (the sect) don’t attack the American Embassy,” Akinjide said.
EFCC petitions NJC over Akingbola’s trial
HE Economic and Financial Crimes Commission (EFCC) has petitioned the National Judicial Council (NJC). It accused Justice Charles Achibong of bias in his handling of the trial of former Group Managing Director of Intercontinental Bank Plc, Erastus Akingbola. Akingbola, accused of sundry offences, including granting of unsecured loans and abuse of office, is standing trial before Justice Achibong of the Federal High Court, Lagos. The lead prosecution lawyer, Godwin Obla (SAN), yesterday informed the court of a pending motion he had filed, asking the judge to stop hearing of the case. He said the motion is informed by the EFCC’s letter to the NJC.
•Accuses judge of bias By Eric Ikhilae
EFCC, in the letter, accused Justice Achibong of bias, asking that the case be withdrawn from him. The judge said he would continue to preside over the matter until there is a directive from a higher authority. He said the case would proceed in his court until the hearing and determination of the EFCC’s motion. Proceeding was stalled when the parties could not agree on which of the three charges before the court was valid. While Obla cited the latest
of the charges, a 26-count amended charge newly filed by the prosecution as the valid one, the defence, led by Chief Felix Fagbohungbe (SAN), insisted that the 22-count charge to which the defendant had filed an objection was the valid charge. The confusion was occasioned by the frequency with which the prosecution had amended the charge, having done so twice since the case began before Justice Achibong. Akingbola was initially arraigned before another judge, Justice Mohammed Idris, on 28 counts. The case was later transferred to Achibong. Rather
•Akingbola
than proceed on the same charge, the EFCC amended it, reducing the counts to 22, prompting the defence to file an objection. While the objection was pending, the prosecution again amended the charge, raising the counts to 26. Justice Achibong adjourned the matter to January 25 for the hearing of the defendant’s objection and when the valid charge would have been established.
Judge criticises IGP’s failure to execute bench warrant By Eric Ikhilae and Joseph Jibueze
JUSTICE Habeeb Abiru of the Lagos High Court, Ikeja, yesterday deplored the failure of the InspectorGeneral of Police (IGP) to execute a bench warrant he issued for the arrest of a businessman, Fidelis Anosike, and his brother, Noel. The judge had, in July, issued the bench warrant upon the refusal of the Anosike brothers to appear in court. A charge was filed against them by the Federal Government, through the Office of the AttorneyGeneral of the Federation (AGF), over the alleged unlawful sale of Daily Times property, valued at N1.7 billion. By the warrant, the IGP was to arrest the duo, who are directors of Folio Communications Limited, and produce them in court on September 28 (yesterday) for arraignment. But the Anosikes yesterday appeared in court. Their lawyer, Olisa Agbakoba (SAN), told the court that he had filed three applications on their behalf, to which the prosecution, led by Akin Akintewe, Deputy Director, Public Prosecution, Federal Ministry of Justice, had replied. The matter was adjourned till October 18 for hearing on pending applications. By his applications, Agbakoba is challenging the competence of the charge and the pattern with which it was served on his clients. He is also seeking the setting aside of the bench warrant.
Nnamani, Agbakoba differ on Constitution amendment
ORMER Senate President Ken Nnamani and former Nigerian Bar Association (NBA) President Olisa Agbakoba have disagreed over who should amend the Constitution and the procedure for doing it. While Nnamani averred that a Constituent Assembly should be elected in the making of a new Constitution rather than the National Assembly, Agbakoba said it is the duty of the lawmakers. The former Senate President said the amendment of the Constitution has become too frequent and has been turned to “a family minute book”, adding: “Constitution amendment should take a one-time deep cut.” But Agbakoba said a piecemeal approach to the amendment would work best for Nigeria. They spoke in Lagos at the third Justice Augustine Nnamani Memorial Lecture, entitled: Setting the Agenda for a New Nigeria: Challenges of the Constitution.
By Joseph Jibueze
The late Nnamani (SAN) was a former Attorney-General of the Federation (1976-1979) and later Justice of the Supreme Court (1979-1990). But former Chief Justice of Nigeria, Justice Muhammadu Lawal Uwais, who chaired the event, said: “We need to do more than just amend the Constitution.” While Nnamani said it is not the National Assembly’s duty to give Nigerians a new Constitution, Agbakoba, a rights activist, who presented a paper, disagreed. A second lecture on the subject was delivered by Dr Koyinsola Ajayi (SAN). Agbakoba said the seventh National Assembly should hit the ground running by producing a people’s Constitution, adding that a piecemeal approach should be adopted as the lawmakers have achieved three amendments through the process.
Represented by Mr Victor Nwakasi, the former NBA President called for the devolution of powers from the centre to the states. Devolved powers from the Federal Government to states, he said, may include arbitration, trade (except external), driver’s licence, bankruptcy issues, insurance and prisons. Others are evidence laws, labour relations, pensions, taxes, municipal police, judicial powers and court system, and electric power. Agbakoba noted that states should handle natural and mineral resources (excluding petroleum and gas), education (especially primary and secondary), income security, healthcare, environment, agriculture and municipal affairs. He said: “The history of Nigerian Constitution-making shows that it has been regarded as an event, but it is a process. Constitution-making is not easy and sometimes threatens comfort zones of political elites. All concerns must be accommodated to achieve a balanced Federal Constitution.”