rasputinn: This is why I always feel so disappointed anytime they capture any of these boko haramites alive,especially the well known ones that had been declared wanted.Why waste the nations resources feeding the murderers in jail and trial,why not just kill them "during a shootout with the police JTF"

This is where the AGF needs to get the police and other federal prosecutors on their toes to stop deliberately bungling the trials ab initio.Imagine how very demoralising it must be for the officers that may have been wounded or even lost colleagues in their attempt to capture the terrorists,to now leran that the same terrorists have been discharged and acquitted

it is the duty of the attorney general's office to prosecute cases on behalf of the nation.i would epect the case file to read state vs john doe.in this case,the attorney general is to be held responsible for lapses in prosecution

I find the majority of responses on this thread positively shocking.


Gentlemen, the question is not whether those men are terrorists or not, what is important here is reverent regard for and strict adherence to the rule of law.

You ever heard the maxim that says it's better to let ten guilty men go free than to make one innocent one suffer?


Given the tendency of our police to make gestapo-style raids on citizens who are legally going about their own business, it would hardly be absurd to think that one or two of the paraded suspects may be innocent.


Even if they were all in fact guilty, it is the duty of the prosecutors to convince the court of their culpability; beyond any reasonable doubt, too.

The men in black are no strangers to criminal prosecution and must be aware of all that ought to be done to make those rascals walk the plank. Why then have they failed to produce a witness in twelve months?


In my opinion, the judge did the right and reasonable thing, whether or not he was 'encouraged' by the 'benevolence' of a third party. The fault lies squarely on the shoulders of the Nigerian Police.


We must learn to let ourselves be governed by law at every front, and bring ourselves to accept that Justice does not always conform to individual perceptions of it.

Afolabs101: Lets be careful here, our police routinely arrest, detain and prosecute innocent Nigerians. Many are even killed and labelled armed robbers. If there is no evidence, you have to let them free. Our security forces need to wake up and stop being lazy! You can't just round up a bunch of people and say they are BH, while the real BH continue to wreak havoc!

Precisely!

Delafruita:
it is the duty of the attorney general's office to prosecute cases on behalf of the nation.i would epect the case file to read state vs john doe.in this case,the attorney general is to be held responsible for lapses in prosecution

While I support every actions that is required to bring Boko Haram's members arrested to book. I will not support killing of any man just because we feel he is from borno,so he must be a boko haramist. That is not true.
People presumed to be criminals should be prosecuted based on proofs.
In this case, you can not keep those guys in prison without prooving to them why they should be there.
Kafarati is purely pure here.
Police, most times wants to cover up their incompetences,
They get into the street, arrest innocent people and label them what they are not.
without evidences from police or CJN, Kafarati should release them as they have no case to answer.

[quote Btw where is sokoto, abu qaqa, thisday kd bomber, kano bh commander? Etc. WHO is this govt afraid of[/quote]
are u sure Jonathan is not the sponsor of those bombings.

Olaolufred:

While I support every actions that is required to bring Boko Haram's members arrested to book. I will not support killing of any man just because we feel he is from borno,so he must be a boko haramist. That is not true.
People presumed to be criminals should be prosecuted based on proofs.
In this case, you can not keep those guys in prison without prooving to them why they should be there.
Kafarati is purely pure here.
Police, most times wants to cover up their incompetences,
They get into the street, arrest innocent people and label them what they are not.
without evidences from police or CJN, Kafarati should release them as they have no case to answer.

Thank you!!

I am just wondering why the judge is in a hurry to free the boko haram members in the name of obeying the rule of law while we have a lot of innocent Nigerians who have spent more than 5yrs languishing in prisons as an awaiting trial suspects and nothing has been said about them. Is it now that the judge remembered that, the awaiting trial suspects are not suppose to stay long in prison before being tried? What about other Nigerians who have spent up to 5yrs?. Or is it that the judge is getting some kind of threats from the BH boys?.

The only soultion to this menace is to execute all the sponsors.We all know them.If u say Gida na u sabi.

The judge, who granted the police a last adjournment for Sept. 18, said that the prosecution counsel had not showed diligence in prosecuting the case.

“I should have discharged the accused persons today but I am compelled by justice to restrain such action and allow the prosecution one last chance.

“The court had adjourned this matter four times at the instance of the prosecutor, who had always promised to bring his witnesses to court but failed each time.

“I shall, therefore, discharge the accused persons should the prosecution fail to bring the witnesses to court on the next adjourned date.

“The prosecution was ordered to avail the accused persons’ lawyers’ proof of evidence.

“It is against the court procedure not to do that a year after the accused persons were arraigned,’’ Kafarati said.


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can u see that this judge is a boko haram member? pls ask yourselves,do you know how many people that are in prison custody already!! awaiting trials? they have not being heard,not even for the very first time.they r there on common count...yet,they are still in the prison suffering! some 5years,8years,10years etc. this judge did not do anything!,nothing,to see people like this freed!! yet,he threathened to free BOKO HARAM MEMBERS...DESPITE THEY ARE ARRESTED ON THE COUNT OF FELONY AND TERRORIST!

And John Obinnah spent 5yrs in prison without trial for stealing milk and 1,705, and finally sentence to death by hanging without reasonable evidence. What a judicial system!

Beync: And John Obinnah spent 5yrs in prison without trial for stealing milk and 1,705, and finally sentence to death by hanging without reasonable evidence. What a judicial system!

He needs to appeal his case or do whatever he can to get his case heard, either by a higher court at the state level or the federal level.

Kobojunkie:

He needs to appeal his case or do whatever he can to get his case heard, either by a higher court at the state level or the federal level.

that is the right thing to do. But what happens to the judge or police that detained this boy for 5yrs and finally rendered the useless judgment? I hope they get their own judgment.

dederocs: DONT BLAME THE JUDGE,BLAME THE INCOMPETENCE OF THE CHIEF JUSTICE AND THE LEGISLATURE...NIGERIA IS A FAILED STATE,THE HOUSE OF ASSEMBLY AND SENATE ARE BEDEVILED BY CORRUPTION,INSTEAD OF THEM TO ENACT LAWS ACCORDING TO THE PRESENT CHALLENGES OF TERRORISM THEY ARE BUSY FORNICATING IN CORRUPTION,I WISH GBOKO HARAM ATTACKS THEM SO THEY FEEL THE PAINS OF THE VICTIMS-THE LEGISLATIVE ARM SHOULD AMEND THE CONSTITUTION AND PROPOSE DEATH PENALTY FOR ALL ACTS OF TERRORISM,IF NOT NIGERIA WILL TURN INTO A STATE OF ANARCHY AND OUR PRISONS WILL NOT BE ABLE TO CONTAIN THE AMOUNT OF INSURGENCE AND VIOLENCE THAT WILL CONTINOUSLY THREATEN THE EXISTENCE OF US AS A PEOPLE.THE PRESIDENT IS WEAK,THE LEGISLATURES ARE THIEVES-THE JUDICIARY IS TOOTHLESS-WE THE PEOPLE MUST DEFEND OUR LIVES AND PROPERTY,IT IS A RETURN TO THE NATURAL STATE WHERE THE STRONG LIVES AND THE WEAK DIES.
HOPE YOU GOT URSELF A GUN.

I couldnt have said it any beta...naija is a repulsively failed state...she makes d hopeful and patriotic ones look like daybreak fools....i weep for my country....(as Nlders wud say....i weep in hopelessness...)

crackhouse: I am just wondering why the judge is in a hurry to free the boko haram members in the name of obeying the rule of law while we have a lot of innocent Nigerians who have spent more than 5yrs languishing in prisons as an awaiting trial suspects and nothing has been said about them. Is it now that the judge remembered that, the awaiting trial suspects are not suppose to stay long in prison before being tried? What about other Nigerians who have spent up to 5yrs?. Or is it that the judge is getting some kind of threats from the BH boys?.

It's true that there are folks rotting in our jails without having stood trial for charges often ranging from the frivolous to the false.

It's also true that very little effort has been made by any relevant authority to do anything about them.

But i wonder, why isn't the decision of the honourable judge regarded as an attempt to discourage the deplorably lazy attitude of the prosecutors, which is in fact the very cause of the numerous 'awaiting trial' cases?


If you're suddenly going to do right after there've been a multitude of wrongs, you still gotta start somewhere. It can't be done all at once.

Kakatazz: The only soultion to this menace is to execute all the sponsors.We all know them.If u say Gida na u sabi.

I do not know them.
You and Goodluck knows them.
They are even in his government according to him.
What is hard for me to understand is that despite knowing them,
he chose not to do anything to bring them to book.
This is gross imbecility.

Nickydrake:


It's true that there are folks rotting in our jails without having stood trial for charges often ranging from the frivolous to the false.

It's also true that very little effort has been made by any relevant authority to do anything about them.

But i wonder, why isn't the decision of the honourable judge regarded as an attempt to discourage the deplorably lazy attitude of the prosecutors, which is in fact the very cause of the numerous 'awaiting trial' cases?


If you're suddenly going to do right after there've been a multitude of wrongs, you still gotta start somewhere. It can't be done all at once.

Thank you.
Some cases file are lost that there are no records of the case.
On paper, the man is free, but in reality, he is suffering.
These prosecutors do things in bid of their senders.
A failed state is it.

...but...wait a minute! Did i just read that they have a lawyer...sorry 3 LAWYERS defending them in court?!
1. Who hired the lawyers.
2. Who pays the lawyers, since these BH guys could not have afforded to pay them.

...they have eyes, they can see, but THEY REFUSED TO SEE

there are lot of people in nigerian cells with petti acusations who have been on awaiting trial for ages, they are not discharged and even if, not anytime soon. But here is a case of terriorism and the judge is already cring to set them free for lack of evidence. Why that soon.

Ever heard ofguantanamo bay, where terriorist and terriorist suspect are prisoned for ages all awaiting trial. But in Nigeria, the case is different.

The judge and the police are in this together. PERIOD.

The final blame goes to the govt. They should set aside one of the prisons mainly for terrorist and terrorist suspects.

Hmmmmnn! Everybody wants to stay alive! This takes me back the memory lane on James Hardly Chase bestseller titled ' Want to stay alive?'. Quite rhetorical isn't it?

Whoever should cast the first stone at BH should first go and ask. 'Mandy Lucas'

Herein do I rest my case.

Next thread please!!

D Judge is Six and the police is half a dozen. So, what is the difference?

funshybam: ...but...wait a minute! Did i just read that they have a lawyer...sorry 3 LAWYERS defending them in court?!
1. Who hired the lawyers.
2. Who pays the lawyers, since these BH guys could not have afforded to pay them.

...they have eyes, they can see, but THEY REFUSED TO SEE

I'm afraid your argument is rather uninformed and not very convincing.


If you were slammed with a criminal charge today and lacked the means to engage the services of an attorney, the state would provide one for you. That's assuming you do not opt for a specific lawyer of your choice,
for then the fees would be your burden to bear.


That said, i wonder how it is that you conclude they would be unable to acquire a sizeable defence team. Unless of course you're familiar with the suspects and the financial capabilities of their families.

.

What sort of incompetence is this? Who are the officers in charge of prosecuting this case?

blkmum700: Justice Abdul Kafarati, a Judge of the Federal High Court, on Thursday in Abuja threatened to discharge the 24 suspected Boko Haram members standing trial before the court.

The judge, who granted the police a last adjournment for Sept. 18, said that the prosecution counsel had not showed diligence in prosecuting the case.

“I should have discharged the accused persons today but I am compelled by justice to restrain such action and allow the prosecution one last chance.

“The court had adjourned this matter four times at the instance of the prosecutor, who had always promised to bring his witnesses to court but failed each time.

“I shall, therefore, discharge the accused persons should the prosecution fail to bring the witnesses to court on the next adjourned date.

“The prosecution was ordered to avail the accused persons’ lawyers’ proof of evidence.

“It is against the court procedure not to do that a year after the accused persons were arraigned,’’ Kafarati said.

Some of the suspects are Umar Alia 21, Musa Yakubu Gava (38), Awalu Mohd (35), Modu Bama (36), Yakubu Modu Kolibe (15), Mohd Alhaji Modu (23), Badare Hassan (27), Mohd Umar (21) and Mohd Sheriff (23).

The police alleged that the accused, who were facing a five-count charge, conspired to commit felony and act of terrorism in Maiduguri.

The prosecution held that the accused committed an offence punishable under Section 33(1) (b) of the Prevention of Terrorism Act, 2011, Laws of the Federation of Nigeria.

Thirteen months after the police arraigned the suspects, no witness had been presented.

At the resumed hearing, Mr Bernard Nnamdi, the Counsel to the police, filed an oral application, praying for the adjournment of the case because of the absence of the prosecution witnesses.

The application was jointly opposed to by Kevin Okoro, Mohammed Lucas and Mohammed Ipa, counsel to the accused.

They urged the court to discharge the accused on the grounds of lack of diligent prosecution.

They held that all the adjournments witnessed in the case so far were at the instance of the prosecution counsel.

They further noted that the police was only interested in the detention of the “presumably innocent persons.”

The counsel said that the prosecution had failed to avail the accused with the proof of evidence after over one year of their detention.

They also said that Section 280 of the Criminal Procedure Act empowered the judge to discharge the accused if the prosecutor failed to provide the cause of action. (NAN)

http://www.vanguardngr.com/2012/06/judge-threatens-to-discharge-24-suspected-boko-haram-members/

This Judge is also boko haram

If you had concluded in this manner, then no doubt, you are a BH member too

Beync: that is the right thing to do. But what happens to the judge or police that detained this boy for 5yrs and finally rendered the useless judgment? I hope they get their own judgment.

He can worry about that when he has appealed and regained his life. Right now what he needs to worry about is getting his appeal to the right court and getting the right sentence for his crime. Then he can go after those who detained him and sue them later on.

There are probably lawyers who represent them for a small fee, if they win/

Sanguine77: There is conspiracy in this matter. Let us look at this matter from a triple point of view: the guys if not related are from one family and their sponsor has "greased" the right palms. Secondly, the police should be accused of having collected bribe or have internal sponsors of Boko Haram and thirdly, the judge is also fingered as a willing tool to perpetuate indirect murder and terrorism. He should set a judicial precedent by sentencing them without witnesses because if they were arrested for bombings, then they are guilty.

I stand to be corrected.

sir, which university did you attend ?

Why blaming the judge and what inhuman precedence should she set by killing any suspect arrested by your incapable and corrupt police....what section of the law says that ?

You dont conclude issues by jumping into conclusion without considering the basis or rootcause....

Have u 4gotten we have yorubas/families working in the north and you know how the police work when they raid u @ night while returning from work on tie....once you cant settle,they will just consider u aas a suspect straight-away....if u like blow grammar pass wole soyinka.

And of what solution will it profer to the bh bombings ? U so much trust ur policemen who shot dead the former bh leader while on hand and leg handcuffs claiming he wanted to escape ?

No beef man....just a correction.

@ crackhouse
Bros blame the entire system not Mrs Kafarati except you have a constitutional pronouncement contradicting her action ....

naija and foolish talk.what if the police had just rounded up this people as they do and the guys have refuse to buy there freedom.only to be charge as BH yet without evidence to convict them.all is innocent until proven guilty. when I was in school SE Naija,many at times we are forced to gather money to bail friends detained and accuse as cultist or robbers to make it complicated enough for you to pay more to bail them.they even set some up.the police are fond of harassing youths in naija.why is this case an exception?abi its more like since they come from people I hate anything can go.if proven guilty they can hang for all i care but if truly the police lack evidence we can conclude they are innocent and must be set free. in some countries if they can convict them now,police are sure they could afterwards keep monitoring them to build a better case and even preempt any illegal actions
we most know what happened and they have rights too.Justice must be done to both parties. both suspect and victim! in borno now suspects are charged 50k for bail.even if not guilty.what they do is give you option of paying or being accused of being BH.this has continued because of some wicked views and hate some people here also share and don't want to know.let the wrong be tried and innocent protected.

well .i wont blame the judge but the police for not killimg them on sight.
and for those of u insisting on the rule of law, with boko haram there is nothing like rule of law but jungle justice..kill anything islam

realsammie: well .i wont blame the judge but the police for not killimg them on sight.
and for those of u insisting on the rule of law, with boko haram there is nothing like rule of law but jungle justice..kill anything islam

You're an embarrassment. How about if the police simply met you on the road and arrested for "looking like a Muslim" and proceeded to kill you on sight? Do you really think jungle justice will benefit you?