Spread the word
…..Adjourns case to October 28
The Federal High Court sitting in Abuja on Wednesday warned defence lawyers against any attempt to delay the trial of four men accused of kidnapping and killing an operative of the Department of State Services (DSS), Ekpeyong Asuquo Owoh.
Justice Joyce Abdulmalik gave the warning while adjourning the case until October 28, following requests by the defence counsel for more time to prepare for trial.
The defendants, Michael Okafor, also known as Onyechimeleze; Chinedu Chukwudozie, alias Kante; Chibunna Olisa; and Chigozie Olisa, alias Ability, were arraigned on September 28 on a six-count charge bordering on terrorism and kidnapping.
Blueprint reports that at Wednesday’s proceedings, prosecution counsel Munirat Oladunjoye informed the court that the matter was scheduled for trial after the defendants pleaded not guilty to the charges.
She, however, sought permission to conceal the identities of prosecution witnesses under Section 232(3)(b) of the Administration of Criminal Justice Act (ACJA), 2015.
Counsel to the first and second defendants, Kelvin Ekwe, opposed the request, arguing that the prosecution had not established any reason to justify shielding the witnesses.
He maintained that the proof of evidence listed only a DSS investigating officer as a witness and argued that the prosecution should formally file its application to enable the defence respond appropriately.
Ekwe also relied on Section 36 of the 1999 Constitution, which guarantees the right to a fair hearing.
In her ruling, Justice Abdulmalik upheld the prosecution’s request, observing that the case involved terrorism-related allegations and that disclosing the witnesses’ identities would not serve the interest of justice.
The judge directed that the witness be identified in the proceedings as “AB” and warned that anyone who contravened Section 232(5) of the ACJA would be liable to one year’s imprisonment.
The proceedings were subsequently stalled by further requests for adjournment from the defence.
Geoffrey Uwadiegu, who appeared for the third and fourth defendants, told the court that he was newly briefed in the matter and needed time to study the case file.
Ekwe also said he had only just received video evidence from the prosecution and was not ready to proceed with the trial.
Oladunjoye responded that the video evidence would not be used during the day’s proceedings and urged the court to allow the trial to commence. She also attributed an earlier adjournment to Ekwe’s absence from court on October 6.
As both defence lawyers attempted to address the court simultaneously, Justice Abdulmalik cautioned them against unruly conduct.
“I run my court in line with international best practice, and that is why people say I am strict,” she said, stressing the need for compliance with courtroom procedures.
The judge explained that despite her busy schedule, including several pre-election matters and judgments that must be delivered before November 9, she considered the case important and deserving of expeditious determination.
She eventually granted a short adjournment but warned the parties against further actions capable of delaying proceedings.
The prosecution alleged that the defendants conspired to commit acts of terrorism and abducted Owoh while he was travelling from Port Harcourt, Rivers State, to Awka, Anambra State.
They were further accused of holding the DSS operative hostage and causing his death during the alleged operation.
The defendants were also accused of belonging to the proscribed Indigenous People of Biafra (IPOB) and its armed wing, the Eastern Security Network (ESN), as well as unlawfully possessing firearms, including AK-47 and pump-action rifles.
The allegations remain before the court, and the defendants are presumed innocent until proven guilty.
Spread the word