Federal High Court issues practice directions on trial of terrorism cases

The Federal High Court of Nigeria has issued new practice directions on hearing of terrorism cases brought before the court.

The Chief Judge of the Federal High Court, Justice John 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 enabling him, issued the new Practice Directions.

A statement by the Chief Information Officer of the court, Dr Catherine Oby Christopher, the Practice Directions seek to provide measures that will ensure the security and safety of parties; personnel of law enforcement agencies, 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

She said 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 and that 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.

According to the statement, “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 she said include, “only the judges; other essential court staff and security agencies involved in the particular case and their vehicles shall have access to the court premises.”

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In court proceedings, the new practice directions stipulate that 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 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 (CCT).

“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, exclude from the proceedings any person other than the parties and their legal representatives,” the court said.

The court said the court can make orders as to any electronic devices that would be allowed during proceedings and make orders on any other measure that the Court considers appropriate in the circumstances.

The directive said the coverage of proceedings under the Practice Directions is strictly prohibited, save as may be directed by the Court and that, a person who contravenes an order or direction made under the 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, which the statement noted, shall be cited as the Federal High Court Practice Directions (On Trial of Terrorism Cases) 2022 will take immediate effect.