Court threatens to free Boko Haram suspects Reviewed by Momizat on . A Federal High Court sitting in Abuja has threatened to strike out the charges filed against nine suspected members of the fundamentalist sect, Boko Haram, by t A Federal High Court sitting in Abuja has threatened to strike out the charges filed against nine suspected members of the fundamentalist sect, Boko Haram, by t Rating:
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Court threatens to free Boko Haram suspects

A Federal High Court sitting in Abuja has threatened to strike out the charges filed against nine suspected members of the fundamentalist sect, Boko Haram, by the police.

The presiding judge, Justice Abdul Kafarati frowned at the in-ability of the prosecution to bring their witnesses to give evidence in the case against the suspects.

At the resumed hearing of the suit on Thursday, the prosecution counsel, Bernard Nnamdi applied for an adjournment on account of their in-ability to produce the witnesses in court.

The police authorities have failed to present any witness since the suspects were arraigned 13 months ago.

Counsels representing the accused person opposed the application for adjournment and asked the court to discharge the accused persons for lack of diligent prosecution.

They also held that Section 280 of the Criminal Procedure Act empowers the court to discharge the accused persons, especially where proof of evidence does not link the accused persons to the alleged offence.

Justice Kafarati who was visibly angry, adjourned the matter till September 18, 2012 for further hearing, warning that the matter will be struck out if the prosecution failed to bring their witness to court on the next adjourned date.

The judge, who granted the police a last adjournment for Sept. 18, said that the prosecution counsel had not showed diligence in prosecuting the case.

“I should have discharged the accused persons today but I am compelled by justice to restrain such action and allow the prosecution one last chance” the Judge said.

Lamenting that the case has being adjourned four times, Justice Kafarti stated that “the court had adjourned this matter four times at the instance of the prosecutor, who had always promised to bring his witnesses to court but failed each time.”

“I shall, therefore, discharge the accused persons should the prosecution fail to bring the witnesses to court on the next adjourned date.”

The judge also ordered the police to serve the accused persons with the proof of evidence.“It is against the court procedure not to do that a year after the accused persons were arraigned,’’ Kafarati said.

Nine out of 21 persons accused of belonging to the Boko Haram sect have been standing trial while the remaining 15 are at large.

The nine suspects standing trial are alleged to have attacked Gwange Police Station in Maiduguri and engaged the policemen in a gun battle.

They are also accused of attacking a bank in the state and carting away a substantial amount of money.

 

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  • SGOMWALK

    ENOUGH OF JUNGLE JUSTICE IN OUR COURTS.

    JUDGES SHOULD BE CAREFUL. MOST OF THEM ASSUME THE POSITION OF A god IN THEIR COURTS.  THEY SHOULD BE MINDFUL OF WHAT THEY SAY AND HOW THEY HANDLE SENSITIVE CASES.
    ANY NIGERIAN WHO IS A MEMBER OF BOKO HARAMS DAYS ARE NUMBERED.
    THE BEST ANY JUDGE CAN DO IN TERRORIST CASES IS TO RELEASE HIMSELF AND PASS IT ON TOP OTHER JUDGES.
     ENOUGH OF JUNGLE JUSTICE.

    • Hillohg

      Is it city justice to hold somebody for 13 months without a single witne? Sentiment aside, if its your brother police just arrest them and say they are bh without evidence what will u say.

      • Anick4u

        @Hillohg, what are u talking about.  The men have confessed they are bh members. If my brother is in police net in connection with bombings & destruction of property & human being, let them hold him till he dies in detention.  As for witnesses with evidence, they abound here and there, but they cant come because bh members will hunt and kill them if they dare come to an open court to testify.  Thats why someone is suggesting the trial be done in camera (secret) so that the witnesses will appear to testify.

        • Peculiarugo

          we should even suspect the so called Judge , who is Nigeria doesn’t know how this Boko Haram menace operate, can that judge allow his brother or even his son to come and testify , knowing that his life will be at stake . 
          Take other countries for example American ,we have been hearing cases of Terrorist in Guamtanamo Bay , (spelling ) some of those suspects has been there for years and years , you can’t just threaten to loose a lion from the net after you’ve kept him there for months and months  , they will seek to eat more sheep and goats . these guys are no more natural , killing is part of their life , they are more or less monsters. Killing is there skill , its just like killing cows and goats. and unfortunately they have spiritual demonic influence thats energizing them  No man should show mercy to anyone of them , they should face the wrath of blood . 
          In fact i will suggest that Judge be remove with immediate effect. i wonder why special courts has not been set up to try these Devilish animals 

  • smh

    Our lawyers remain incompetent………….till tomorrow

  • Mohamedabubakar

    The Court in this country is a fail project.You Want to free people that have Kill innocent people.God Will not Forgive you people for this statement alone,while you can set them free but your generation will not konw peace.Because the innocent blood is till crying for justice.

  • 2006Ken9

    Try them in camera so that the witnesses who might be afraid to come out will definitely do so. Releasing the suspects will be counter productive and will spell doom for the country. Since most of them have confessed, why threaten to release them. Terrorism case is not ordinary stealing. They can be in detention for more 10 years who cares after all we are saving them from killing themselves. Let the judge not stir up controversy. If he is in doubt, let him sentence them. If they like let them go on appeal. Those who waste human life with impunity deserve no mercy or kindness of any kind.

  • Akaita

    We are not amused by the comment of this so called Judge! After all they conspired and set free Ibori! The great Niger Delta Looter! Where is he now!

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