Ijeoma Ojukwu, judge of a
federal high court in Abuja has ordered Abubakar Malami, attorney-general of
the federation (AGF), to pay a cost of N200,000 to Omoyele Sowore and Olawale
Bakare, his co-defendant.
The judge said the cost
is the consequence of the prosecution’s attempt to delay the trial.
At the court session on
Wednesday, Aliyu Halilu, prosecution lawyer, said the charges against the
defendants have been amended but that they are yet to be served on them. He
asked the court to adjourn the case till Thursday for trial to commence.
Olumide Fusika, Sowore’s
counsel, opposed Halilu’s request for an adjournment and asked the court to
strike out the case for “lack of diligent prosecution”.
He said even if the
adjournment is granted, the trial cannot commence on Thursday because the
prosecution is yet to comply with the order of the court which asks it to
furnish the defence with statements of the witnesses they intend to call.
Fusika said the
prosecution is more interested in subjecting his client to ridicule than trial.
He said Sowore has not
seen his family since he was arrested and that if not for “the support of well
wishers, maybe he would be sleeping under a bridge”.
Sowore’s lawyer also
said: “This morning, my colleague Marshal approached Mr Halilu to request if
there was anything to be served on us and he gave the impression that there was
nothing.”
When asked by the judge,
a clerk in the court, said indeed Marshal came to him to inquire if the
prosecution had filed new processes. He said he directed the counsel back to
the prosecution lawyer.
But the prosecution
denied the inquiry and asked the judge to reject the submissions of the
defendant.
Delivering a ruling, the
judge said: “The honourable court views the delay as uncalled for and the
application for adjournment as frivolous in view of the reasons for the
adjournment sought.”
“Each party is entitled
to five adjournments. The prosecution has almost exhausted her five
adjournments even before the commencement of trial. There are consequences for
every infraction.
“Premised on the
provision of section 396(6) of the Administration of Criminal Justice Act, the
prosecution has earned the award of cost against them. Prosecution shall pay a
cost of N200,000 to the defence as a consequence of frivolous adjournments.”
Sowore and Bakare are
standing trial on seven counts of treasonable felony, fraud, cyber-stalking and
of insulting the president.
Wole Soyinka, Nobel
laureate, Shehu Sani, a former senator,
and Chidi Odinkalu were in court to witness the proceedings.
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