Prosecution

By Chris Udochukwu

Oshogbo (Precise Post) – Governor of Osun state Adegboyega Oyetola on Sunday issued 72-hour period of amnesty for looters to return stolen property or face full wrath of the law.

Oyetola who spoke during an on the spot assessment of the extent of damage perpetrated by looters in the state on Saturday said those who perpetrated the act have the period of grace to return looted property to either the palace of monarchs within their domain or the Chairmen of their respective council areas.

Details later

Kaduna (Precise Post) – Governor Nasir El’rufai of Kaduna state has defended the prosecution of Chidi Odinkalu, a former chairman of National Human Rights Commission (NHRC) and Audu Maikori, president of Chocolate City Entertainment after their cases were mentioned in a petition filed by a group of lawyers before the Nigerian Bar Association (NBA). 

The lawyers had accused Governor El-Rufai of violating the right to freedom of speech with the prosecution of Odinkalu and Maikori. 

However Kaduna state’s attorney-general and commissioner of justice, Aisha Dikko in a statement released on Monday August 31 insisted that incitement is not freedom of speech. The duo were accused of making comments which were capable of inciting disturbance and the breakdown of law and order in the state.

The statement read; 

“A government that goes to court as the proper arena for deciding cases cannot be reasonably accused of not respecting the rule of law. Those who assert the contrary have the burden of showing how the rule of law can be advanced without the courts and whether society is better served by permitting license, or confusing incitement with freedom of speech.

“In the case with Odinkalu, the government said on the February 16, 2019 while on Channels TV, he made serious allegations against the governor of Kaduna state which were capable of inciting disturbance and the breakdown of law and order in the state.

 “Consequently, the Director of Public Prosecutions, Ministry of Justice filed an application before the Chief Magistrate Court No.1 Ibrahim Taiwo Road, Kaduna State with case No. KMD/27DC/2019 for the issuance of criminal summons against Chidi Odinkalu for committing the offences of inciting disturbance, injurious falsehood, public nuisance and furnishing false information punishable under sections 77, 373, 104 and 150 respectively of the Penal Code Law of Kaduna State, 2017

 “The DPP applied for an order of the court for the police to investigate the allegations against Mr. Odinkalu and report the outcome of the investigations to the court, an application that was granted by the court which ordered the police to investigate the case.”

Dikko further disclosed that a counter action filed by Odinkalu had stalled the trial before the chief magistrate court (1) in Kaduna.  

Also commenting on Luka Binniyat and Audu Maikori’s case, the commissioner said; 

“Both cases are before the Kaduna State High Court 2 with Charges Nos. KDH/KAD/41C/2017 and No. KDH/KAD/38C/2017 respectively”. 

“Early in 2017, Audu Maikori claimed in a tweet that five students of the College of Education, Gidan-Waya, had been ambushed and killed by Fulani herdsmen. Based on Maikori’s false tweet, Luka Binniyat fabricated a news story in Vanguard newspaper, assigning names, place of origin and course of study to the alleged victims, including the claim that one of them was studying Mass Communication,” the statement read.

 “Mr. Binniyat is charged for inciting public disturbance and injurious falsehood, while Mr. Maikori is charged for inciting public disturbance, injurious falsehood and conspiracy. Mr. Binniyat alleged that when he discovered that the statement was false, he told the Editor not to publish same, but he was surprised to find out that the information was published, while Mr. Maikori alleged that his driver was the source of the information.

 “Mr Binniyat’s case is adjourned to 22nd September 2020, for continuation of trial, while Mr. Maikori has failed to appear in court for arraignment in his case and the court has issued bench warrant against him.

 “Much has been made of the damages Audu Maikori was awarded by a Federal High Court over the circumstances of his arrest in Lagos by the police who were executing the warrant of arrest. The Kaduna State Government complied with the law in obtaining the necessary warrant of arrest, but it must rely on the police to execute it properly. The state government has appealed the award of damages.

By Our Reporter

Abuja (Precise Post) – The failure of the federal government to produce a detailed witness statement stalled the trial of the Publisher of Sahara Reporters, Omoyele Sowore, at the Federal High Court in Abuja.

At the commencement of the trial on Wednesday, the judge, Ijeoma Ojukwu, had ordered the prosecution to call their first witness despite a pending application in which they sought to mask their witnesses.

Mr Sowore’s lawyer, Femi Falana, had opposed the application for the prosecution’s witness, Rasheed Olawale, to be masked.

But Ms Ojukwu adjourned to rule on the prosecution’s application and asked the prosecution to call its witness.

While giving evidence, Mr Olawale, an operative of the State Security Services (SSS), said he is a “principal staff officer in charge of surveillance and communication intelligence.

“As part of my duties, I am charged to prevent and investigate any threat against national security.”

Describing how he met the duo standing trial, Mr Olawale said his team was directed to arrest the defendant after they “received an intelligence report that he ( Mr Sowore) had planned to carry out a revolution on August 5, 2019, by revolting along with his associate against the democratic government of Nigeria throughout the federation.”

The SSS operative said the activist was later arrested around 1 a.m. at Montana Residence and Hotel at 16 Oduduwa Road, GRA Ikeja, Lagos.

Speaking further, the witness said their “investigation report revealed that Sowore was in Maryland with his associates and cohorts, making graphic inscriptions tagged #RevolutionNow on the wall of Maryland bridge.

“He was sensitising passers-by of the particular day for the protest and what they planned to do. He also claimed that the government of the day would cease to exist through the procession.”

It was at this point that Mr Falana raised an objection. He said the witness was starting to give evidence not contained in his earlier statement which was served on the defence team.

While Mr Rasheed was still testifying, Mr Falana interjected and said that, “the defendant is entitled to know the entirety of the case,” which was why they demanded the full statement of the witnesses as enshrined in section 36(6) of the 1999 Constitution as amended. He said allowing the evidence would amount to an “ambush” against his client.

The senior lawyer urged the court to direct the prosecution lawyer to limit the witness to his earlier statement.

“The witness is giving evidence outside his written evidence and it makes a mockery of the essence of serving us with witness statement,” Mr Falana said. “If he is allowed to give evidence on matters not in the quote, then in a way, the defence is being ambushed.

“We apply that the court limits the witness to his statement as nothing has been added to the statement served to us on March 9, 2020,” Mr Falana said.

Responding, the prosecution lawyer, Aminu Alilu, argued that the law allows them to only serve a “summary” of a witness statement on the defence. He urged the court to allow the witness to continue with his evidence as the defence would also get the opportunity to cross-examine the witness.

In a short ruling, Ms Ojukwu held that the witness was giving his testimony outside the scope of his written statement made earlier.

The judge said although the witness does not have to use the exact words used in his written statement, he is limited to the scope of evidence adduced.

Consequently, she ordered the prosecution to go back and reproduce the statements of all the witnesses. The judge also said she would rule on the application seeking witness protection on the next adjourned date.

The matter has been adjourned to April 1 and 2 for continuation.

Mr Sowore is being prosecuted alongside a co-defendant, Olawale Bakare, on two counts of treasonable felony.

The defendants were arrested in August last year for calling for #RevolutionNow protest, which the federal government said was aimed at toppling the government of President Muhammadu Buhari.

Messrs Sowore and Bakare had insisted that the protest was aimed at demanding good governance.