Defamation: Kwara Court Fixes July 18 for Trial of APC Chieftain Mustapha, Brother

*Grants N5m bail

Hammed Shittu in Ilorin

The Kwara State High Court has fixed July 18 for the commencement of the trial in the defamation suit filed by the state Governor, Alhaji AbdulRahman AbdulRazaq, against a governorship aspirant of the All Progressives Congress (APC) in the 2019 primaries of the party, Hon. Moshood Mustapha, and his brother Bolakale Mustapha.

Already, the court has granted bail of N5m and surety to Hon. Moshood Mustapha and his brother, Bolakale Mustapha.

The defendants were dragged before Justice Abdulmahmud Gafar over the weekend on a five-count charge by the people of Kwara State on the alleged defamation statement against the state governor, Alhaji AbdulRazaq, offences of perjury and inciting public disturbance.

According to the charges before the court, the defendants were alleged to have uploaded and published a five-minute, forty-one-second video that was likely to disturb public peace.

The first defendant, Bolakale was also alleged to have filed an action against the governor at the Federal High Court on a false allegation.

The charges further revealed that the 2nd defendant, Mashood uploaded the video containing abusive, insulting, and derogatory language against the governor of the state, Mallam Abdulrahman Abdulrasaq.

The prosecution team, headed by the Director of Public Prosecution (DPP), Ayoola Muhammed Akande, prayed the court to remand the defendants in the correctional custody on the basis that the bail application for the defendants earlier filed before the Court was not ripe enough for hearing, adding that the alleged offences against them is not ordinarily bailable.

He added that “one of the offences for which they were charged carried 14 years jail term.”

The lead counsels representing the defendants, Kayode Olatoke SAN and Moses Ebute SAN, in their separate submissions, urged the court to discountenance the prosecution’s prayers, arguing that their client’s alleged offences are bailable.

They prayed the Court to grant the two defendants bail in liberal terms, arguing that they are well known people in the state and they are ready to provide suretee that will stand for them before the Court.

The court, in its short ruling, admitted that the offences against the defendants are bailable and granted them bail in the sum of 5million Naira and a surety while the matter was adjourned to the 18th of next month.

Speaking with newsmen after the judgment over the weekend in Ilorin, one of the lead counsels to the second defendants, Moses Ebute (SAN) alluded that “ordinarily, the case was a bailable offense and the honourable judge in his wisdom has graciously granted our client bail with bail conditions being fulfilled.

“Although, we indicated to the Court that we were ready to go on with the trial immediately but the prosecution wanted a date, probably to get their house together, so, we will come back on the 18th of July to commence the trial.”

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    Conviction of Simon Ekpa: Learn from Finland, NBA Tells Judges, Prosecutors 

    Alex Enumah in Abuja 

    The Nigerian Bar Association (NBA) has called on Nigerian judges and prosecutors to take a cue from Finland, following the speedy trial and conviction of Simon Ekpa on terrorism-related charges.

    A District Court in Finland, in a judgment, sentenced Ekpa to six years in prison after finding him guilty of terrorism-related charges.

    According to the judgment, Ekpa was found guilty of participating in a terrorist organisation and publicly incited crimes for terrorist purposes.

    Ekpa, who is based in Finland, is known for being behind the enforcement of a sit-at-home order every Monday in the South-east in solidarity with the actualization of a Biafra nation and also in protest of the continued detention of the leader of the proscribed Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu.

    Reacting to the conviction, the President of the NBA, Mazi Afam Osigwe (SAN), who said he was yet to get full details of the Finland court judgment, stated that he was very impressed with the short time it took to conclude investigation and trial.

    Osigwe stated this while presenting the communiqué from the NBA’s Annual General Conference (AGC), which held in Enugu recently.

    “I look at the time it took to do the trial,

    and the sort of evidence relied on by the court in order for them to arrive at a decision. That should be a lesson for us,” he said.

    The NBA president noted that trials take a longer time in Nigeria because “most judges still write longhand” instead of embracing technology, adding that investigators and prosecutors should endeavour to get enough evidence, build up a good case before going to court.

    Osigwe also called on security agencies to awake to their responsibilities in checking abuse of social media, adding that: “Persons who have access to social media should be careful how they utilize them to promote hate or terrorism.”

    He said: “We should look at those who are using it to provide ethnic hatred, to promote terrorism, and get hold of such, and try them,” rather than filing cyber-bullying charge against citizens in political matters.

    Meanwhile, the NBA faulted the invitation of awardees of the rank of Senior Advocate of Nigeria (SAN), by the Department of State Service (DSS).

    According to the body, sending a confidential report in respect of each of the awardees would have been enough instead of the grilling of the nominees.

    “It does not require DSS inviting them,” he said, adding that “unfortunately, our members went there without informing us”.

    A life bencher and former General Secretary of the NBA, Olumuyiwa Akinboro (SAN), had condemned the clearance of awardees by the DSS, noting that it undermines the independence of the legal profession.

    However, the Supreme Court, in its response, had pointed out that the screening was in line with Paragraph 23 (2) of the Legal Practitioners’ Privileges Committee Guidelines, the body which is conferring the SAN rank on the lawyers.

    But, the NBA is of the position that the job of the DSS should not go beyond sending confidential report on a nominee, because most of the information has already been volunteered by the lawyers themselves including reports from judges before whom the lawyers appear.

    “Court records are there, Heads of Courts also write confidential report,” he added.

    The post Conviction of Simon Ekpa: Learn from Finland, NBA Tells Judges, Prosecutors  appeared first on THISDAYLIVE.

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    Alex Enumah in Abuja  The Nigerian Bar Association (NBA) has called on Nigerian judges and prosecutors to take a cue from Finland, following the speedy trial and conviction of Simon
    The post Conviction of Simon Ekpa: Learn from Finland, NBA Tells Judges, Prosecutors  appeared first on THISDAYLIVE.

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