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“Is tv news at 7. We ve been looking at a number of stories today. Today. First is the decision of the kaduna state high court to grant the prayer.
The leader of the islamic movement in nigeria to travel for medical attention. The catena state government says. It might appeal the ruling. Then there s the failure of revolution.
Now to kick off it was unsuccessful across the country let s have a legal practitioner now mohammed delhi bail guru who s joining us on the news for is perspective on these issues. Thank you for joining us on tv news at 7. Let s begin with a choice of the word revolution. It implies.
A phospholipid and security forces have attacked these treasonable felony. And an act of terrorism..
What is your legal opinion about this well my opinion is that we shouldn t make too much of the word because if you look at our criminal laws. Our treasonable felony laws. It doesn t actually mention the word revolution. So once an ordinary usage you may meet one thing.
We you can only have committed an offense. If you ve breached the provisions of the written law and the written law does not mention the word revolution. Well we have had the police for instance in maegor s colonies and on lawful assembly. According to them the protesters did not get policemen.
Aides. Do civil protesters in this case. Require a police permit to gather especially in certain national protests as this i think since 2015. The court of appeal had ruled that the law requiring and the public order act requiring that police permits must be obtainable is unconstitutional.
So that we ve gone. We re gonna be on that issue of police permit is old law is a thing of the past in this in this country let s talk about the arrest of a presidential candidate of the aec..
The arrest has been criticized now by major stakeholders. But the government insists that whatever is is planning is a treasonable felony. How do you react to that well. I personally.
I think the matter was handled badly the right to protest and the right to assemble our constitutional rights. So what the authorities should really do and this is what happens in a mature democracy is nigeria is no different is that the authorities. The police will protect the rights of the protesters to protest and protect protect them in that process. So that they are not attacked or in any way.
And at the same time ensure that the protest is done in a peaceful unlawful manner. So there is a balancing act between maintaining public order and protecting the fundamental rights of citizens. It cannot be one or the others simply because you believe the protest may appear to be critical of the government. The protest may appear to lead to people expressing views and positions that may not be palatable to the government.
Then you shot out a shot of the protest. If you ll recall in november 2014..
I believe there was a protest by led by the current president then on there i think it was president elect or i m sorry presidential candidate at the time and there was a piece there was a protest to let the government know the people s concerns about security in the country at the time so there s no reason why i think a protest of this nature should not be allowed we should avoid knee jerk reactions. Which would then immediately lead to a clamp down on fundamental rights well let s look at other development for repeat. The court order on the leader of the islamic movement in nigeria. Brahim ells.
Exactly. Given him ana s rather leave to travel to india for medical attention. And there are some who are saying that this is perhaps a way to you know douse. The tension that has elian existed between government and this group.
What are your thoughts along this line. Well first of all is that every person is innocent until proven guilty. So. The fact that as a key is facing a criminal trial.
Should not deprive him of a right to medical treatment proper proper medical treatment. So i i don t see there s too much being made about this i would have thought what we should be really concerned about is the fact that nigerians have to travel to places like india for medical treatment..
We should be looking at improving our medical facilities such that we won t have to be making this medical tourism from time to time. So i think that should really be our focus. Not the fact that the cross is protecting zak is right i get your point. But there seem to be a rich history here of disobedience of court order and the kaduna state government is also looking at the possibility of appealing this judgment.
How do you see these play out in the nearest future well i well i appeal is not a disobedience of a court order because the a game. We go back to our law. The law says that if you are a party and you are dissatisfied with a decision of a court. You can appeal to a higher court.
So so long as they appeal and the court. Then grants a stay then or they ve applied for a stay even before the court grants. It then they don t they would not be in disobedience of the court order. But simply to do nothing and say you re dissatisfied with a decision of the court is what will amount to in disobedience sinner advocate of our chair mohammed le bel gora thank you for sharing your thoughts with us on tv news ” .
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