…As absence of AGF stalls trial
Justice Binta Nyako of the Federal High Court in Abuja on Monday threatened to strike out terrorism charges brought against four defendants who allegedly kidnapped and killed the traditional ruler of Amanze-Obowo autonomous community in Imo state, Eze Basil Njoku.
The threat by Justice Nyako followed the absence of the Attorney General of the Federation (AGF) Lateef Fagbemi SAN or representative in court to lead the prosecution of the defendants.
Although the four defendants were billed for arraignment by 9.am, the judge was forced to shift it till 12noon due to the non-appearance of the AGF or his representatives in court.
The four defendants are Jude Iheme and Chika Madukwe, Nwokorie Chidiebere Ejike and Victor Nwajuiba Obumneke.
The three counts earlier slammed against them have been increased to five in the amended charges.
At 12noon, when the arraignment was to hold, neither the AGF not his representative were still in court and without any information or communication to the court.
The situation prompted the judge to invite lawyers to the defendants into her chambers where an adjournment of April 30th was agreed upon and fixed.
Although lead counsel to the defendants, Solomon Akume SAN had applied for dismissal of the terrorism charges against the defendants, Justice Nyako opted to give the the AGF another chance to lead a diligent prosecution
The judge however held that in the event of the AGF or his representatives not appearing in court on the adjourned date, the court may have no option than to strike out the charges against the defendants for want of diligent prosecution.
On March 20 , 2024 when the matter came up the AGF represented by David Kaswe a lawyer from the Federal Ministry of Justice took over the prosecution of the defendants from the Inspector General of Police IGP who had arrested the defendants and was prosecuting the matter.
Kaswe had told the judge that the AGF invoked section 174 of the 1999 Constitution and section 105 of the Administration of Criminal Justice Act (ACJA) to assume prosecution of the defendants
He had also informed the court that the IGP had been directed to make the case file available to his office.
However at today’s proceedings, neither the AGF nor David Kwase and a Senior Advocate of Nigeria (SAN) Simon Lough who was prosecuting the case for the Inspector General of Police was in court, despite been served with hearing notice.
Meanwhile Justice Nyako has ordered that fresh hearing notice for April 30th arraignment of the four defendants be served on the AGF.
Iheme, 52 years of Amagwu Amanze Obowo local government area of Imo and Madukwe, 42 years of Ndi-Uche Etiti Omuimo local government area also of Imo State, were alleged to have killed the traditional ruler on December 17, 2022..
The defendants were accused of killing the monarch while coming from the Federal Medical Center, Umuahia, after kidnapping and collecting a ransom of N4M cash from his family.
In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to section 26 of the Terrorism Prevention and Prohibition Act 2022.
They were also said to have armed themselves with guns and offensive weapons, attacked, kidnapped and killed the monarch on December 17, 2022.
The IGP also accused them of failing to volunteer information at their disposal to security agencies which could have led to apprehension of other kidnappers contrary to section 16 of the same Terrorism Act.
Part of the charge read “That you Nwokorie Chidiebere Ejike, 45 years ago and Victor Nwajuiba Obumneke, 39 years all of Ehume in Obowo LGA of Imo State between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical Squad, Abuja during the police investigation of offence of kidnapping and terrorism of the Royal Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.
“That you Nwokorie Chidiebere Ejike, 45 years and Victor Nwajuiba Obumneke, 39 years all of Ehume in Obowo LGA of Imo State between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical Squad, Abuja with intent to mislead the police investigators in the case of kidnap and terrorism of Eze Basil Njoku, you gave false information to the investigators that a drunk man informed you that Nwigwe Emeka Williams is responsible for the kidnap and terrorism of Eze Basil Njoku Knowing or having reason to know that information you gave to police investigators is false and you thereby committed an offence contrary to section 125 of the Criminal Code Act 2004.
“That you Nwokorie Chidiebere Ejike, 45 years ago and Victor Nwajuiba Obumneke, 39 years all of Ehume in Obowo LGA of Imo State between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical Squad, Abuja during the police investigation of offence of kidnapping and terrorism of the Royal Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.