WITNESSES AGAINST BOKO HARAM SUSPECTS WON’T WEAR MASKS – COURT

A Federal High Court sitting in Abuja, yesterday, rejected an invitation by the Federal Government to allow witnesses lined up to testify against three suspected Boko Haram members wear mask before giving evidence.
The trial high court judge, Justice Gabriel Kolawole, held that the court did not have powers to vacate its earlier ruling on partial secret trial of the accused persons.
He said: “The court can only vacate such an order where it does not have powers to have made such an order in the first instance.”
Justice Kolawole further held: “Besides, the court has no constitutional power to completely shield the witnesses from court staff.
“Acceding to such an application would amount to having empty benches in court, as there will be no one in attendance,” the judge held.
The motion by the prosecution counsel is hereby refused, and the case is adjourned till June 9, 2014 for trial.
Justice Kolawole subsequently ordered that the accused persons be remanded in Kuje Maximum Prison and reproduced in court at the next adjourned date.
It would be recalled that the court had on April 3, 2014 ordered for the partial protection of witnesses that are to be presented by the prosecution counsel.
However, at the last hearing, the prosecution counsel, Mr. A. Ogunsina, sought a modification of the earlier order on the account that his witnesses were not willing to openly testify against Boko Haram for fear of being killed afterward.
In a five-paragraph affidavit in support of the application, Mr. Ogunsina had prayed the court to vacate its earlier order of April 3, 2014, which granted partial secret trial for the accused persons.
Mr. Ogunsina had submitted: “It is the conviction of the prosecution that it will be neater and better if our request is granted.”
While arguing on the application, counsel to the 1st accused person, Mr. Hassan Liman (SAN), objected to the application by Ogunsina.
Liman had contended: “The court has no power under Section 6 Sub-section 6 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, to set aside its earlier decision after final arguments in the matter had been taken.”
He submitted that the court would “occasion serious injustice to the accused persons if the application for a total protection of the witnesses by the prosecution is granted.”
Source: National Mirror