Judge Emeka Nwite of the Federal High Court in Abuja threatened on Wednesday to throw out the Federal Government’s four-year-old case accusing pro-democracy activist and African Action Congress presidential candidate Omoyele Sowore of treason.
In addition, the judge encouraged the FG’s prosecution team to gather their thoughts after one of its attorneys, Barr. Maryam Okorie, failed to clearly state her case in court on Wednesday.
According to report, Sowore was kidnapped at midnight on August 3, 2019, and held for five months by the Department of State Services after he called for a protest dubbed #RevolutionNow, which was scheduled for August 5, 2019. The government led by former President Muhammadu Buhari accused Sowore of treason.
When the trial resumed on Wednesday with the accused appearing in court, Barr. Okorie, the FG’s attorney, falsely claimed that the case was started over from scratch because Justice Anwalu Chikere, who is now retired, was the one handling the case when it was first transferred to Justice Nwite.
Additionally, Okorie informed the court that Olawale Bakare, the second defendant, had been ordered to receive a hearing notice on the previous adjourned date by the court. She claimed, nevertheless, that she had no idea if Bakare had received the notification.
On the other hand, Bakare’s lack of service was confirmed by the Court Registrar.
Mr. Marshall Abubakar, Sowore’s attorney, said the court that he thought the prosecution team was merely attempting to irritate his client by failing to provide the second defendant with the hearing notice requiring him to attend in court.
In order to allow his client to enter a plea and stand trial alone, Abubakar mentioned that he had written a letter to the Minister of Justice and the Attorney-General of the Federation requesting that the case be dropped.
“My lord, it has been five years since this case was brought. The defendant has not been permitted to leave the nation where his family resides, therefore he has not been able to see them since then.
“This case will be struck out until the prosecution is ready to prosecute it because you cannot continuously and perpetually hold the man under suspicion that he committed a crime,” Abubakar stated.
As they had written to the minister, the prosecutor, Okorie, informed the court that they would have to wait for the minister’s response before deciding on the next course of action.
Judge Nwite appeared to be unhappy with the FG counsel’s assertion, which sparked a dispute between Mr. Sowore, one of his attorneys, Marshall Abubakar of Falana and Falana’s chambers, and barrister Okorie. If the prosecution cannot get its act together, Justice Nwite threatened to strike out the case on the next adjourned date, December 5, 2023.
Judge Nwite went on to say that he was willing to postpone the case as long as the prosecution (FG) complied with the court’s directive to serve the second defendant by the next postponement date.
The judge threatened to strike out the case if the court’s order to serve the second defendant was not followed.
“If you are not ready to go on with the matter, I am sounding this as the last warning that at the next adjourned date, I will strike out the matter even if heaven falls let it fall,” Justice Nwite said.
As a result, he postponed the issue until December 5, 2023.
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