Golden Jubilee Bombings: This is What FG Asks Court to do to Okah...Put him in Chains

Golden Jubilee Bombings: This is What FG Asks Court to do to Okah...Put him in Chains

Today, the federal government has asked the Federal High Court in Abuja to put the alleged mastermind of October
1, 2010, Golden Jubilee Independence Day anniversary bombings, Mr. Charles Okah, in chains.

Okah, who is standing trial on charges of terrorism alongside Obi
Nwabueze, had on October 6, 2015, 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.

But at the resumed trial, the federal government, through its
counsel, Dr. Alex Iziyon (SAN), made an oral application before Justice Gabriel Kolawole, requesting that Okah be chained in view of what transpired during the last court proceedings.

Iziyon had on making his application, referred the court to Section 269 of
the administration of Criminal Justice Act, 2015, and urged the court
to grant the application that the 1st defendant be put under fetters while the trial is in progress.

"Where a defendant or an accused person misbehaves or misconducts in
the course of proceedings, such person can be placed under fetters.
I urge the court to take judicial notice of the proceedings of October
6 and grant our request," he said.

Responding, Okah’s counsel, Mr. Samuel Ozidiri (SAN), apologised
on behalf of his client, and urged the court to discountenance the
prosecution’s request.

Ozidiri argued that the application was premature and not worthy of any
sympathetic consideration, stating that the prosecution failed to put
the defence on notice before coming up with such an application.

However, Justice Kolawole on delivering a bench ruling on the application, refused to grant the prosecution’s request, on the premise that it 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 could 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 the
smooth administration of proceedings on the charge of which the
defendants are standing trial.

"It is a discretion which the court would 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 October 6, 2015.”

The presiding judge further held that: “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.”

The judge therefore adjourned the suit till October 27, for continuation of trial.