Justice Benson Anya of an Abia High Court, sitting in Umuahia, on Thursday came hard on the federal government for the militarisation of court during trial and cases involving the detained leader of the Indigenous People of Bafria (IPOB), Nnamdi Kanu.
The judge, who was visibly angry at the manner security agencies block members of the public to the court during such trials ordered the federal government to protect the sanctity of the judiciary, freedom and constitutional rights of the people.
The judge made the order in the case between Mazi Nnamdi Kanu and Federal Republic of Nigeria, marked HIN/FR/14/2021.
Other defendants in the case are the Attorney General of the Federation, Chief of Army Staff, Brigade Commander, 14 Brigade Nigeria Army, Inspector General of Police, Commissioner of Police, Abia State, Director General of State Security Service and Director State Security Service, Abia State.
Justice Anya further in a ruling restrained the security service 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.
The judge held: “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 the 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 policemen posted on official Court duties are allowed within the Court of law and it is so ordered.”
The court said it was 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.
Justice Anya 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 and abuse of the integrity and sanctity of the court of law.”
According to the judge, the judiciary wras a democratic institution with a mandate to protect the rights of any person or persons who approach the court to ventilate their grievances.
The court said that it was therefore unlawful to militarize it or cause the court to perform its function under the force of arms.
The case has been adjourned to 10th December, 2021 for further hearing.
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