Agba Jalingo: Lawyers, public barred from using phones inside court from Jan 2020

Justice Simon Amobeda of the Calabar division of the Federal
High Court has set aside Monday, December 9, 2019 to rule on the
application of the defendants in suit No FHC/CA/59C/2019 for the
provision of an electronic verbatim recording device, while lawyers
and the public will be barred from using phones inside the
courtroom from January 2020.

The defendant, a journalist and human rights activist, Agba
Jalingo, is facing charges of terrorism and conspiracy among
others.

Before commencing hearing for cases listed for the day, Justice
Amobeda who seemed not happy with comments on social media asked
journalists to get “clearance from the station registrar” before
covering proceedings.

He said, “The era of reporting about this court anyhow is gone.”
He asked journalists to be careful of what they report and to “get
clarifications from their lawyers” if they are not sure of what to
write.

He emphasized that he was not asking journalists to stop
reporting, adding “there is a lot being written on social
media.”

Amobeda then ordered that from January 2020, everyone including
lawyers entering the court will be required to keep their phones in
their cars or elsewhere before entering the court.

Meanwhile, the defendant had in a motion filed on November 13,
2019 brought pursuant to Section 36 of the constitution of the
Federal Republic of Nigeria 1999 as amended, sought the leave of
the court to provide an electronic verbatim recorder independent of
the long handwriting of the trial judge.

The motion is supported by an 18-paragraph affidavit, a
four-paragraph affidavit of urgency; all deposed to by James Ibor,
counsel to Mr Jalingo, as well as a further affidavit deposed to by
Adeyinka Olumide-Fusika, a Senior Advocate of Nigeria and lead
counsel to the defendant dated November 19th.

The defence team led by Ibor relied on its written address and
the paragraphs in the three affidavits as part of its oral argument
in support of the motion.

The prosecution led by Dennis Tarhemba, a Deputy Superintendent
of Police, in their response, had filed a 22-paragraph
counter-affidavit on November 22, 2019 and deposed to by Inspector
Ibe Ihezuo of the State Criminal and Investigation Department of
the Nigerian Police Force in Calabar.

Tarhemba relied on his written address and paragraphs in the two
counter affidavits he filed as part of his argument against the
motion and sought the leave of the court to debate orally. When
granted the leave, he submitted that his reaction to the
defendant’s application dated November 13 and the further affidavit
dated November 19th had not been controverted and therefore should
be deemed admitted and cited the case of Obumsele and Anor vs
Uwakwe 2019 (Supreme Court) to back his argument.

Subscribe ToNairalaw News!

DSS Uncovers Plot to Destabilise Nigeria During Yuletide
Seasons

The Department of State Services (DSS) has uncovered syndicated
plots by some undesirable groups to cause a breakdown of law and
order in various parts of the country including Abuja.

The arrangement is to instigate protests, mass action and
violence with a view to causing anarchy and destabilizing the
country.

These predetermined actions have been designed to take place
simultaneously in the major cities across the geopolitical zones in
the coming weeks. This is more so that the plotters are also
targeting the yuletide seasons to accomplish their sinister
motives.

Considering the implications of these on public safety and
national security, the Service wishes to warn the anti-democratic
elements responsible for these heinous plots to desist forthwith
from their inglorious acts.

Consequently, parents are advised to rein in their wards and
enjoin them not to allow themselves to be used to foment trouble.
Similarly, Heads of academic and public institutions are to warn
their students and employees respectively from engaging in any
untoward activity against public order.

The Service and other sister agencies are at alert and will
ensure that peace and security are maintained in all parts of the
country before, during and after the festive periods. Law abiding
citizens are equally encouraged to go about their normal businesses
without fear but report any suspected persons or breach of peace to
the nearest security office to them.

Peter Afunanya, Ph.D
Public Relations Officer,
Department of State Services,
National Headquarters,
Abuja