Tina Amanda
A High Court sitting in Port Harcourt has adjourned for further hearing, the case filed by Media Right Agenda against the Attorney General and Commissioner of Police Rivers State, challenging the provisions of the criminal law that criminalizes people, media and freedom of expression.
The Applicants are seeking a declaration that the provisions of sections 373 and 375 of the criminal code Laws of Rivers State Nigeria are in violation of section 39 of the 1999 constitution as amended and Article 9 of the African Charter on Human and people’s Rights.
It also sought a declaration that the Defendants’ action in giving effect to the provisions of section 373 and 375 of the criminal code Law, Laws of Rivers State Nigeria to arrest, detain, harass, imprison or penalize the Applicant members, associates and indeed several other Nigerians is a violation of their rights.
During the court proceeding, the Prosecution Counsel representing the 1st Respondent, the Attorney General of the State, informed the court that he is not aware of the case, as he is yet to be served, and asked for an adjournment to enable him to go through the application.
The Applicant’s Counsel, however, insisted before the court that they have served all the parties involved in the matter, with a proof of service shown to the court.
Justice Elsie Thompson, after listening to Counsels, told the 1st Respondent to do the needful before the next adjourned date considering the sensitive nature of the case and adjourned to 9 February 2022, for hearing.
In an interview with our correspondent, Henry Nwokoro, Counsel to the Applicant, said if at the next adjourned date, the 1st Respondent refuses to do what the court told them to do, the court may have no option than to hear their application.
“The lawyer from the office of the Attorney General says they are not aware of the matter, consequently we showed the court proof of service and they were graciously granted their wish for an adjournment for them to file a reply.
“Considering the seriousness of the matter they should ensure they do the needful before next adjourned date or court would hear our application and give Judgement.”
On his part, Kingsley Briggs, Prosecution Counsel representing the Attorney General of Rivers State, said he would come up with a reply to the application at the next adjourned date.
“Fair hearing is the foundation Hallmark upon which every case strive, the Applicant Counsel having said he has served the Respondent and I as a Respondent Counsel, I have not seen the application, there is no way I would have put up a defence on behalf of the Attorney General and the state.
“With respect to its fundamental application, of cause, if it was served, I would have put up a formal defence, move his application and come up with a reply.”
Our correspondent reports that no Counsel made an appearance in court for the 2nd Defendant, the Commissioner of Police Rivers State.
