You lack power to declare Hezbollah terrorists group, Lebanese suspects tell court

Started by SunNews, Oct 24, 2013, 03:31 AM

SunNews

From GODWIN TSA, Abuja

Three Lebanese suspects accused of terrorism and illegal possession of firearms, Mustapha Fawaz, Abdallah Tahini and Talal Ahmad Roda, have told a Federal High Court in Abuja that it lacked power to declare Hezbollah a terrorists organization.

But the prosecution counsel and Director of Public Prosecution of the Federation (DPPF), Simon Egede, insisted yesterday that the suspects were guilty of the alleged crime and asked the court to convict and sentence them accordingly.

Egede argued that the issue of non physical production of exhibits 7A (alleged weapons) raised by the defence counsel, Chief Robert Clarke was a new issue canvassed in court and therefore urged the court to discountenance it as it was not premised on any legal authority or decision of any superior court.

He said the tendering of the photographs and video CDs in evidence were supported by Section 26(1) and Section 31(3) of the TPA, stressing that, "we have tried to move the court to Kano but the court was hesitant."

On the issue of whether Hezbollah had been declared a terrorists organization in Nigeria, Egede argued that Section 40 of Terrorism Prevention Act had defined the term 'terrorist organization', insisting that, "you need not any presidential declaration or gazette in this case as far as your activities fall within the definition of terrorism act as contained in Section 40."

Fawaz, a co-owner of Amigo Supermarket and Wonderland Amusement Park in Abuja, and his other two compatriots insisted that the trial judge, Justice Adeniyi Ademola would be assuming the headship of the sovereignty of Nigeria should he declare Hezbollah a terror organization.

The trio stated their position yesterday while adopting their written addresses in their alleged membership of the Lebanese military wing of Hezbollah, importation and possession of large cache of prohibited arms and ammunition by the Federal Government of Nigeria.

The suspects, who were led by a team of lawyers anchored by Chief Clarke had while adopting their written addresses, urged the court to discharge and acquit them on the ground that Hezbollah had never been declared a terror organization under the Nigerian laws.

Besides, Clarke also asked the court to discharge and acquit his clients on the ground that the trial judge lacked the territorial jurisdiction to hear and determine the said criminal case against his clients.

"By virtue of provisions of the Federal High Court, whether the accused persons can be tried in Abuja, when the evidence before this court showed that the alleged offence was committed in Kano, about 500km away."

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