Justice Aliya Ngajiwa of the Federal High Court, Yenagoa, Bayelsa State, on Thursday granted an application by lawyers to Ese Oruru requesting the court to take the young girl’s evidence in camera.
The law allows
judges to take evidence in private or in chambers in cases that would
breach trade secrets, national security or matters involving minors.
In that case, the
press or people who are not connected directly to the matter before the
court would not be allowed in except lawyers to both parties and their
witnesses.
Miss Oruru, 14,
was allegedly abducted and impregnated by Yunusa Dahiru, a Kano
indigene, resident in Bayelsa, in a case that has recently drawn both
national and international attention.
Citing several
authorities, Justice Nganjiwa affirmed that it was trite that once the
court is satisfied with the facts before it, then it can make
arrangement for any case to be held in private.
Justice Ngajiwa
noted that in the opinion of the court, the accused would lose nothing
if the evidence of the alleged victim, Oruru, is taken outside the
public glare.
He held that
subject to the provision of the relevant laws, cases are to be held in
open court, but noted however, that the judge or magistrate may also use
his discretion if in the opinion of the court, the subject is below 18.
According to the
judge, victims, including those of rape and child trafficking that fall
in that category can also be protected by the court.
The judge further
affirmed that the mother of the now heavily pregnant Miss Oruru has been
able to show the court that her daughter was less than 18 years.
‘’What will the
accused suffer if the victim‘s evidence is taken in private? I hereby
order that the evidence should be taken in private and in the court
chambers. The application hereby succeeds’’, Ngajiwa said in his ruling.
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