How Umuahia court barred police from barricading, blocking roads during Kanu trial

[From BONIFACE OKORO, Umuahia]

Abia High Court sitting in Umuahia, Friday, declared that barricading or blocking access roads to the courts by security agencies without any written request by the head of the court was illegal.

Justice Benson C. Anya made the declaration while making an order in the ongoing case between the detained Leader of the Indigenous People of Biafra and the Federal Republic of Nigeria and seven others.

Kanu brought the case against the federal government, Attorney-General of the Federation; the Chief of Army Staff; the Brigade Commander, 14 Brigade, Nigerian Army, Ohafia, Abia State; Inspector-General of Police; Commissioner of Police, Abia State; Director-General, State Security Services and Abia State Director, State Security Services, for allegedly violating his fundamental human rights.

The IPOB leader, on whose behalf the case was instituted by his lawyer, Barr. Aloy Ejimakor, is asking the Court for an interim order of his release from detention to enable him access medical care and N5 billion damages for violation of his fundamental human rights.

Since the case was filed in August this year, any day it comes up in court, residents of Umuahia are usually subjected unpleasant experiences due to traffic congestion resulting from barricades and blockades erected on several roads leading to Umuahia High Court on the ever-busy Umuahia-Ikot Ekpene road by security agencies, including the military, Department of State Service and the Police who also flood the court premises and restrict entry to the court room.

According to the Judge, the practice was not only unconstitutional, null and void, but constituted an abuse of the integrity and sanctity of the courts, adding that it was unlawful to militarize the court or cause it to perform its function under the force of arms.

During Friday’s sitting, Justice Anya noted that practice by the security agencies in a democratic setting was an aberration and ordered that it should be stopped.

Giving the order, Justice Anya said:

“Following the Court proceedings in the case of HIN/FR. 14/2021: Mazi Nnamdi Kanu Vs Federal Republic of Nigeria and seven others on this 19^th day of November, 2021, this Honourable Court hereby orders and declares as follows:

“That the Security Agencies are hereby restrained from Barricading and blocking access road to the High Court of Abia State or that of any Court of Law unless the Head of the Court so requests in writing;

“That there must not be any arrests in the premises and vicinity of any Court, particularly in this Court except as ordered by a Court of competent jurisdiction;

“That Legal practitioners, litigants and members of the public must be allowed free access to the Court without let or hindrance;

“That  in administration of justice, only the Prison officials and Police posted on official Court duties are allowed within the Court of Law and it is so ordered.

“That it is hereby declared unlawful to restrict the citizens and members of the public access to the court room and the court premises during the working hours of the court.

“That it is also declared that the act of barricading the Court, blocking roads leading to the court and impeding access to the court premises and court rooms in a democratic society by any person under any guise is unconstitutional, illegal, null and abuse of the integrity and sanctity of the court of law.

“That the Judiciary is a democratic institution with a mandate to protect the rights of any person or persons who approach the court to ventilate their grievances. It is unlawful to militarize it or cause the court to perform its function under the force of arms;

“That it is further ordered that the Federal Government and all parties concerned must protect the sanctity of the judiciary, the freedom and constitutional rights of the people.

Following requests by Counsel to the defendants for more time, Justice Anya therefore adjourned the case to December 10, 2021, for motion.