Justice Aliya Ngajiwa of the Federal High Court in Yenagoa, the Bayelsa State capital, yesterday, approved an application by lawyers to Ese Oruru, requesting the court to take the minor’s evidence in camera.
The law permits courts to hear evidence in private, especially in cases that may breach trade secrets, national security or matters involving minors.
Those in the media or not directly involved in the matter would not be allowed in the court to hear Ese’s evidence.
Ese, 14, was allegedly abducted, forcibly married and impregnated by Yunusa Dahiru (aka Yellow), a Kano State indigene.
But Justice Nganjiwa, who cited many authorities, averred that it was trite for the court to make arrangements to hear any matter in private, based on the evidence before it.
The judge averred that the accused would lose nothing if Ese’s evidence was taken in private.
He said a judge or magistrate might use his discretion if, in the opinion of the court, the subject was below 18.
Justice Ngajiwa said alleged victims, especially of rape and child trafficking, could also be protected by the court.
According to him, Ese’s mother was able to show that her daughter was less than 18 years.
He said: “What will the accused suffer if the victim‘s evidence is taken in private? I order that the evidence be taken in private and in the court chambers. The application succeeds.”
But lead lawyer to the defendant Mr Kayode Olaosebikan maintained that there was no merit in taking Ese’s evidence in private.
He argued that the identity of the minor and issues concerning the matter were all over the Internet, print and electronic media.
Also, the lawyer prayed the court to vary the conditions for Yunusa’s bail, since he was finding it difficult to meet them, weeks after the court granted him bail.
Justice Ngajiwa adjourned the matter till June 2, saying his application would be argued on a later date.
Olaosebikan told reporters there was nothing unusual about Justice Nganjiwa’s ruling.
He said: “The court has given a superior opinion on why the evidence should be taken in camera. We have also filed an application for varying the bail conditions. There’s nothing unusual about that…”