‘It will be like a coven’ -- Ozekhome faults new rules on secret terrorism trials

‘It will be like a coven’ — Ozekhome faults new rules on secret terrorism trials

April 08

16:18 2022

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Mike Ozekhome, human rights lawyer, says he will challenge the new federal high court (FHC) practice directions barring journalists from covering terrorism trials.

According to the new guidelines issued on Thursday, terrorism proceedings will be conducted in secret, except when the chief judge of the court grants permission for media coverage.

“Proceedings of offences of terrorism, subject to the provisions of Section 232 of the Administration of Criminal Justice Act, 2015 and section 34 of the Terrorism (Prevention) Act, 2011 (as amended), shall be held in camera or as may be ordered by the court,” the document reads.

“The coverage of proceedings under these practice directions is strictly prohibited, save as may be directed by the court.

“A person who contravenes an order or direction made under these practice directions shall be deemed to have committed an offence contrary to Section 34(5) of the Terrorism (Prevention) Act, 2011 (as amended).”

Addressing journalists shortly after a court session on Friday, Ozekhome said the new directions were “inconsistent with the constitution”.

“I do not believe in secret trials because section 36 of the constitution talks about open trials,” he said.

“The point is appreciated that each day this trial comes up, other courts are closed down and other litigants are not allowed to have their day in the court and it is not fair. But there are areas in the new practice directions that I quarrel with.

“I do not mind if they move the venue to another place that does not disturb other litigants, but I’m worried about the provision that screens off journalists, the fourth estate of the realm.

“If you stifle information, the wrong information can emanate from the rumour mill and that is a more dangerous issue.”

He added that false information can jeopardise the fair trial of an accused person.

“I am against the issue of making it look like a secret trial as if a trial is like a gathering of witches and wizards in a coven. It should be a public trial that the whole world can watch,” he said.

“I’m going to challenge some portions of the new practice directions as being unconstitutional.”