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Nigeria: Alleged Terrorism – Kanu, Others to Undergo Secret Trial

Federal High Court has issued new practice directions on the trial of terrorism-related cases in the country.

According to the new order, the trial of terrorism-related offences is to be conducted in camera.

With this development, Nigerians facing terrorism trial such as the leader of the Indigenous People of Biafra, Nnamdi Kanu and others will now be secretly tried.

Under the new directive, except where the chief judge of the court grants permission, media coverage would be prohibited.

The chief judge of the court, Justice John Terhemba Tsoho, in the exercise of his constitutional powers as enshrined in section 254 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and all other powers as enshrined in section 254 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and all other powers enabling him, hereby made the following Practice Directions.

The 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.

Order 1 relates to the applicability of terrorism-related suits that are before the Federal High Court.

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According to the law, the perimeters of the court sitting over a terrorism trial shall be secured for the period of the trial for the safety of litigants and Court officials.

The 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 a number of 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.

Other measures put in place to guarantee the safety of Court officials and court users within the court premises include:

°Only the judge, other essential court staff and security agencies involved in the particular case and their vehicles shall have access to the Court premises.

The new directive also stipulates that proceedings on 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 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.

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.

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