chamboy:
don't mind dem dis is duties here

masterpower:
ARE YOU NOT THE ONESE SUPPORTING APC BOKOHARAM?

masterpower:
ARE YOU NOT THE... "ONESE"... SUPPORTING APC BOKOHARAM?

MyNameIsMyName:
Maybe there wasn't evidence that he masterminded the bomb blast, its just one crazy thing about law in general

kennygee:
Angelina Jollie, it is not too late to adopt me.

thunder74:
The Prosecutor will immediately rearrest Oguche and re-arraign him on more charges. Probably, the government wanted the matter struck out so as to re-charge/arraign him on more and well investigated charges. That the matter was struck out does not mean that he is totally free bc it is not an acquittal or dismissal or a discharge. Struck-out is just a technical word to the prosecutor by the court that "Come back when you are ready to prosecute him".

Samchelsea:
Some people blaming the govt again?....they took him to court and the court freed him so should they resort to jungle justice?.....one thing is that they can't let him go just like dat cos they'll challenge the court ruling and if possible add other charges to the earlier ones....he'll not go Scot free

horpe132:
********************************************


Proper Investigation they Cannot Do........
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I don't Blame the Court,,,How Can You put the Blame of a whole Yan'ya Bomb Blast on one person ??
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DSS Director general & the IG of Police should Cover their Faces in SHAME..........All they're good @ is running after the opposition !!!
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Now let's Discuss the case,,,,,What kind of Evidence did they present to the Court .....because this judgment is a major one & it'll take a Judge d@ know what he's doing to Pronounce such Judgment......
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I repeat & I stand to be corrected,,,,No act of terror is done alone or in isolation,,,,,,,So why is the DSS & NPF charging this guy alone ??
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If You read well about terrorism ,,,You'll know that its not d@ easy to arrest & Prosecute Just one Person for a Mojor act of Terror......
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A lot of innocent people are in Kiri_Kiri now because of the inconclusive investigation of our NPF........
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"Ist they want a Closed Door hearing & Controlled Media reportage on the case".......
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WHAT IS GOOD IS GOOD,,,,,,,WHAT IS BAD IS BAD,,,,,,,,,,,,,Everyone deserves a fair hearing in a Democratic Nation !!!!
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If U don't have any concrete evidence on him.................Let him go !!!!

kennygee:
Angelina Jollie, it is not too late to adopt me.

CFCfan:

Sir, the Executive is the branch of govt responsible for prosecuting criminals. The judiciary only issues verdicts, and interpret the law.
Therefore, the prosecution and ultimately the Executive, could have a share of the blame on why the criminal was freed.

atlwireles:
(THEWILL) – The suspected mastermind of the April 14 Nyanya bombing in Abuja, Aminu Sadiq Ogwuche, has won the first round of the case against him.

This is as a Federal High Court sitting in Abuja, Monday, dismissed the two-count charge filed against him by the Federal Government through the Nigeria Police for “want of diligent prosecution.”

Ogwuche was extradited from Sudan to face trial over his alleged involvement in the April 14 bomb explosion that killed over 75 persons at the Nyanya bus station in Abuja.

The trial of Ogwuche could not however begin because of the rivalry between the Police and the Directorate of State Security (DSS) over which of the two agencies to prosecute the suspect.

At the resumption of the case Monday in Abuja, presiding judge, Justice Ademola Adeniyi, however dismissed the charges against the suspect because of the absence of the Inspector General of the Police and the prosecution counsel.

Ruling on the case at the court, Justice Ademola said: “This criminal charge is hereby struck out for want of diligent prosecution by the complainant, Inspector General of Police and his prosecutor.”

Justice Ademola also granted the oral application sought by Ogwuche’s counsel, Mr. Ahmed Raji (SAN), for family members to have access to the alleged bomber as the court ordered that three lawyers from Ahmed Raji’s chambers and two of Ogwuche’s family members be allowed access to the suspect who is being held by the DSS.

“Three lawyers from the complainant’s counsel as well as the complainant’s wife and another family member be given access to the applicant,” Justice Ademola ruled following the no objection submission by the DSS lawyer, Clifford Osagie and the counsel to the Attorney General of the Federation (AGF), Mr. Taiwo Abidogun.

He also ordered that Ogwuche be given medical care in the respondent’s custody and referred to the National Hospital, Abuja if need be.

He later adjourned the matter till December 5 for hearing of the originating motion exparte with the DSS now taking full charge of the prosecution.

Ogwuche’s counsel, Raji, in an application for the enforcement of his client’s fundamental human rights, had asked the court to admit Ogwuche to bail, alleging that the AGF and the DSS who are respondents in the matter, were breaching the fundamental rights of the applicant by holding him endlessly against the provision of the law.

Raji had based his argument on the fact that when a suspect is arrested by security agents, (the respondents), the suspect should be charged before a competent court within the time allowed by law and should be allowed access to his family and lawyers.

He argued that the applicant is presumed innocent and that his fundamental right to liberty should not be infringed upon.

In an affidavit in support of the application seen by THEWILL, Ogwuche’s lawyer averred that the suspect was only trying to further his education and did not know anything about the offences preferred against him, pleading with the court to release Ogwuche if nothing was found against him.

http://thewillnigeria.com/news/nigerias-suit-against-alleged-nyanya-bus-station-bomber-struck-out

Ngwakwe:


You mean, if we hadn't immunity for the President and Governors, they will be responsible for prosecuting themselves if there are criminal charges against any of them?

Was Italian PM responsible for his prosecution?

Law Enforcement Agencies are independent institutions of Democracy not under a specific organ of government be it Executive, Legislature or Judiciary.

FrenchyL:

So where did they get prove that he masterminded the bombings?

Ngwakwe:


You mean, if we hadn't immunity for the President and Governors, they will be responsible for prosecuting themselves if there are criminal charges against any of them?

Was Italian PM responsible for his prosecution?

Law Enforcement Agencies are independent institutions of Democracy not under a specific organ of government be it Executive, Legislature or Judiciary.

CFCfan:

In Nigeria, presently, its the Police and/or the other law enforcement agencies that prosecute cases. And those institutions are firmly within the purview of the Executive branch. Even in the US, the US Attorneys (the federal prosecutors) are under the Justice Department, which is part of the Executive branch.

In both instances, what the prosecutory officials, at best, are quasi-independent in that their respective Justice ministries have the ultimate say in their duties.

Ngwakwe:


Yet Justice Department is under the oversight of the Legislature

Stop postulating unsubstantiated doctrine.

Prosecutors even under Military juntas lose court cases. Who bears the blame under dictatorship? The Head of State?

tbaba1234:


The executive is not one person, it is an arm of government. The president is the head of that arm. The state persecutes criminals. Law enforcement agencies are under federal ministries run by the executive.

Ngwakwe:


Yet Justice Department is under the oversight of the Legislature

Stop postulating unsubstantiated doctrine.

Prosecutors even under Military juntas lose court cases. Who bears the blame under dictatorship? The Head of State?

tbaba1234:


The legislature has oversight duties on all ministries but they do not set the agenda for ministries. That is the job of the executive.

Ngwakwe:



Who takes the blame when a State loses in court against all odds?

Is it the Prosecutor/ the Law Enforcement Agencies who investigated the crime, the President or Judiciary?

Ngwakwe:


You have already said the Executive is not a person rather an institution.

The Constitution and Acts of NASS are the bases for any agenda of the government hence your attempt to put it squarely on Executive fiat or policy decision doesn't hold waters.

tbaba1234:


This case is still in court and has not been lost. He is not totally free yet.

However, a poorer prepared case for a matter of such importance is unacceptable. The relevant ministries should ensure that the case is water-tight. That is where blame can be ascribed to the executive directly.

tbaba1234:

Mr man, when a case is struck out, It has been dismissed.. The prosecution failed in their case and unless they have something new, they can't bring the case to court again.

tbaba1234:


The constitution and NASS only set up the legal framework for operation not the policy of government.