Court bars journalists, public from terrorism trials

The Federal High Court has barred journalists and members of the public from attending proceedings in terrorism-related cases, and further declared that, henceforth, the trial will be conducted in camera

Penpushing reports that, the Chief Judge of the Court, Justice John Tsoho, gave the directive in the exercise of his constitutional powers as enshrined in Section 254 of the Nigerian Constitution.

The statement by the court’s Chief Information Officer, Catherine Christopher, explained that  the new directive takes immediate effect,, adding that the  rules also make provision for the exclusion of  any person other than the parties and their legal representatives from terrorism proceedings.

“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 documents said.

‘Except where the trial judge grants permission, media coverage will be prohibited, The coverage of proceedings under these Practice Directions is strictly prohibited, save as may be directed by the Court,” the new order emphasised.

Penpushing also reports that, the new order empowers the trial court to make an order as to any electronic devices that would be allowed during the proceeding, while the documents declared that anyone who violates the practice directions is deemed to have committed an offence under the terrorism law.

“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). These Practice Directions shall be cited as the Federal High Court Practice Directions (On Trial of Terrorism Cases) 2022,” it says.

The court explained that the decision to adjudicate terrorism cases in camera is to guarantee security and safety, stressing that,in any proceedings where the court deems it necessary to ensure the safety and/or protect the identity of the victim or a witness, it may take any or all of the following protective measures:

“Hold its proceedings at any place to be designated by the Chief Judge and in the case of the Abuja Judicial Division, the venue, for the time being, shall be the premises of the Code of Conduct Tribunal,” the document added.

“These Practice Directions seek to provide measures that will ensure the security and safety of parties; personnel of law enforcement agencies and the Judiciary; as well as members of the general public; while ensuring expeditious and fair trial of persons suspected of having committed acts of terrorism’.

“Distance and size of perimeters to be secured for the trial shall be determined based on the recommendation of security agencies on a case-by-case basis.No person shall be allowed within the secured perimeters save the approved Court officials; parties and several pre-registered legal practitioners on either side, witnesses; and any other person as may be directed by the Judge or the most Senior Judge in the given circumstances,” the document says.

Penpushing reports the order, however, gave exemption which has it that, they include  the judges; other essential court staff and security agencies involved in the particular case and their vehicles shall have access to the court premises.

The order also provides that the names, addresses, telephone numbers and identities of the victims of such offences or witnesses in the proceedings shall not be disclosed in any record or report of the proceedings and it shall be sufficient to designate the names of the victims or witnesses with a combination of alphabets”.

Penpushing further reports that, the order empowers the trial court to: receive evidence by video link; permit the witness to be screened or masked; receive written depositions of expert witnesses; direct that all or any part of the proceedings of the Court shall not be published in any manner, among others.

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