Jalingo: CPJ Raises Concern on Masked Witnesses
…Says It Cannot Guarantee Free Trial …Insists Denying Access to Public Only Deepens Injustice of the Case The Committee to Protect Journalists (CPJ) has expressed concern over a Nigerian...
…Says It Cannot Guarantee Free Trial
…Insists Denying Access to Public Only Deepens Injustice of the Case
The Committee to Protect Journalists (CPJ) has expressed concern over a Nigerian court’s decision to grant anonymity to witnesses set to testify against Mr Agba Jalingo, a journalist arraigned for treason and deny the public access to the courtroom during the trial.
A federal high court in Nigeria’s southern Calabar city on Wednesday granted anonymity to individuals expected to present evidence against Jalingo, the publisher of the privately owned news website CrossRiverWatch, according to Mr Attah Ochinke, the journalist’s lawyer, who spoke to CPJ by phone.
Ochinke said such a decision would limit the defense’s ability to challenge false testimony. The court also ruled that the public would not be granted access to the courtroom during the trial, Ochinke said.
“It is impossible to see how a fair trial of Journalist Agba Jalingo could proceed when the prosecution witnesses’ identities will be kept secret and the public is denied access,” said Angela Quintal, CPJ’s Africa program coordinator. “Jalingo should never have been arrested or charged in the first place, and the decision to grant anonymity to witnesses set to testify against him and deny transparency to the public only deepens the injustice of the case.”
Jalingo was arrested on August 22, 2019, and has been charged with disturbance of public peace and treason for his writings and posts on social media about Prof Benedict Ayade, the governor of Cross River State. Ochinke told CPJ he is considering filing an appeal of the court’s decision. Jalingo’s next court date is scheduled for October 30, he said.
A Federal High Court sitting in Calabar, the Cross River State capital and presided over by Justice Simon Amobeda on Wednesday granted leave to the prosecution to mask its witnesses in a case against Jalingo a journalist and rights activist.
Jalingo is facing four charges bordering on terrorism, treasonable felony and attempt to topple the Cross River State government.
Justice Amobeda in his ruling relied on Section 33 and 34 of the Terrorism Prevention and Amendment Act 2013 as well as international conventions including those of the United Nations and African Commission of Human and Peoples’ Rights (ACHPR) among others to grant the plea of the prosecution.
The public and the press will not be allowed into the courtroom when the witness is testifying, Justice Amobeda ruled.
He also held that the witness will testify behind curtains in a cubicle and to a camera. The defendant and his counsel will also not be privy to the name, alias or any other detail of the witness.
The prosecution counsel, Mr Dennis Tarhemba had on October 11, 2019 filed a motion seeking the amendment of charges and to protect witness.
The order was sought based on Sections 33 and 34 of the Terrorism Prevention and Amendment Act 2013; section 216 sub section 1 of the Administration of Criminal Justice Act and Section 6 of the Constitution of the Federal Republic of Nigeria as amended.
The motion was supported by an 8 paragraph affidavit deposed to by a Police Inspector, Mr Ihezuo Ibe and accompanied by a written address.
During the hearing, the counsel to the defendant, Mr James Ibor submitted that the defendant does not constitute a threat and faulted the application for the masking of the witnesses as there was no proper evidence as to when, where and how the witness was threatened. He also said that the person said to have carried out the threat was not named even as he posited that masking of the witness will not be in the interest of justice.
The matter was adjourned till Wednesday, October 30, 2019 for commencement of trial with Jalingo remanded in the custody of the Nigerian Correctional Service where he has spent 29 days so far.
The trial could not commence on Wednesday as scheduled due to the absence of the prosecutor. The Court had ruled on Tuesday that it will begin sitting on the matter by 10:00AM on Wednesday. However, Mr. Tarhemba arrived the court few minutes to 11:00AM shortly after the Judge had concluded his ruling and adjourned the matter.
Jalingo had in a published article in July, queried the whereabouts of the NGN500 million approved and released by the Cross River State government for the floating of the Cross River Microfinance bank.
In August, the Police invited him to answer to a petition bordering on the article. Originally slated for August 19, 2019, it was rescheduled to August 26th and later September 9, 2019.
But, he was arrested by the Intelligence Response Team of the Nigerian Police Force at his Lagos residence on August 22, 2019 after staff of his wife were tricked and held hostage for more than four hours to provide his whereabouts.
He is reported to have endured a whole day’s journey by road to Calabar after the police officers refused travelling with him by air and spent 34 days in police custody of which 32 were at a black site facility with controlled access.
He was arraigned for his bail hearing on September 25, 2019. And, after two more court appearances, Justice Amobeda ruled on the fourth appearance on October 4th that there was no sufficient evidence to prove his failing health, therefore, cannot be admitted to bail.
Jalingo’s trial had on Tuesday suffered a setback as the Prosecution and Defense counsel could not come to terms on the processes filed.
The Prosecution Counsel, Mr Tarhemba told the Federal High Court sitting in Calabar and presided over by Justice Simon Amobeda that he was served with another affidavit by the defense and pleaded the Court to take a short date for “us to look at the content of this file.”
According to Tarhemba, a Deputy Superintendent of Police, he was served at about 9:25AM when the Court had begun sitting.
But, the defense counsel, Mr. James Ibor in his argument submitted that the Prosecution lacked the right to “ask for another date, because we responded line-to-line to his further affidavit which was filled with lies.”
And, Justice Amobeda said the Court will rise temporarily for both parties to sort out themselves in order to make a headway as the case has stalled for long due to affidavits and counter affidavits.
Jalingo, who was arrested on August 22, 2019 at his Lagos resident and was taken on what colleagues described as a “25 hour tortuous journey” to Calabar, spent 34 days in Police custody before he was arraigned for his bail hearing on September 25, 2019. After two more Court dates, the Court ruled on October 4th, 2019 which was the fourth Court date that there was no sufficient evidence to prove that he was sick, hence cannot be admitted to bail.
The commencement of trial slated for October 16 and 17 stalled as the prosecution approached the Court to amend its charges and protect witnesses. The Prosecution filed its processes on October 11th while the defense said it was served just before the Court sat on Wednesday last week.
The matter was then adjourned to Thursday (October 17th) where the prosecution counsel claimed that having been served the counter affidavit to its process earlier in the day, it was proper for the Court to adjourn to enable him respond.
The matter was again, adjourned to today (Tuesday) and tomorrow (Wednesday) to entertain the plea of the prosecution and ruling as well as commencement of trial.
However, upon resumption of sitting, Tarhemba argued the need for protection of witnesses while Ibor submitted that there was no threat to the witnesses and called on the Court to dismiss the application of the prosecution.
Justice Amobeda, in his ruling, held that no matter where the ruling tilts to on the next adjourned date (tomorrow,) the actual trial will commence.
Sporting grey shoes, blue jeans and a black shirt with the inscription, “We Must Not Allow Dictatorship To Win,” Jalingo who arrived the Court in a green colored van marked, “Calabar Prisons” and accompanied by four correctional officers, will be remanded in custody of the Nigerian Correctional Service where he has spent 27 days so far.
It will be recalled that Jalingo had in July, published an article where he asked Governor Ben Ayade to come clean on the whereabouts of the NGN500 million approved and released for the floating of the Cross River Microfinance bank.
A month later, he was invited by the Cross River State police command to answer to a petition bordering on his article. Initially scheduled for August 19, 2019, the interview was rescheduled to September 3, 2019.
Mixed reactions have continued to trail his arrest, incarceration and subsequent trial with many fingering the Cross River State government as architects of his travails, an allegation they have continuously denied.
