By OUR REPORTER
The case of alleged treasonable felony filed against pro-democracy activist, Mr. Omoyele Sowore, by the Federal Government of Nigeria, came under the risk of being struck out on Wednesday as Justice Emeka Nwite of the Federal High Court, Abuja threatened to strike it out, if the prosecution fails to put its acts together.
This followed inability of one of the prosecution counsels, Barrister Maryam Okorie, to make clear her arguments in court over the four-year-old case, on Wednesday.
According to News Agency of Nigeria (NAN), the matter was slated for re-arraignment of the defendants but when the case was called, only Sowore was present in court.
The prosecuting counsel, Mariam Okorie, told the court that on the last adjourned date, the court had ordered that the hearing notice be served on the second defendant, Olawale Bakare.
She, however, said that she was not aware if Bakare had been served with the notice to which the registrar of the court confirmed that Bakare had not been served.
Counsel to Sowore, Mr Marshall Abubakar from Falana and Falana’s Chambers, told the court that he believed the prosecution was only trying to frustrate his client by its inability to serve the second defendant the hearing notice for him to appear in court.
Abubakar told the court that he had written a letter to the Attorney-General of the Federation and Minister of Justice asking that the charge be severed so that his client could take his plea and stand trial alone.
“My lord, this is the fifth year since this charge was filed, the defendant has been denied access to his family since then because he has not been allowed to travel outside the country where his family lives.
“You cannot continually and perpetually hold the man under suspicion that he committed a crime and so we will apply that this case be struck out until the prosecution is ready to prosecute it,” Abubakar said.
The prosecuting counsel, Okorie, told the court that since they had written to the minister, they would have to wait for the minister’s response to know the next line of action.
Seemingly dissatisfied by the Federal Government counsel’s claim, which led to an argument between Mr. Sowore, one of his lawyers, Marshall Abubakar from Falana and Falana’s chambers, and Barrister Okorie, Justice Nwite threatened to strike out the case on the next adjourned date, December 5, 2023, if the prosecution team fails to get its acts together.
Justice Nwite ruled that he was minded to grant an adjournment on the condition that by the next adjourned date, the prosecution should comply with the order of the court to serve the 2nd defendant.
The judge warned that if the order of the court to serve the second defendant was not complied with, the matter would be struck out.
“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,” the judge said.
At the end on Wednesday, Justice Emeka Nwite adjourned the matter until December 5.
It will be recalled that the Federal Government dragged Sowore and Bakare to court on allegations of treason and attempts to overthrow the government of former President Muhammadu Buhari.
The DEFENDER reports that the case has been foot-dragged since August 2019.
Sowore’s lawyer speaks
Speaking to the press outside of the court courtroom, counsel to the Sowore, Barrister Marshall Abubakar, gave the legal update saying, “We were in court today again and the matter was adjourned because the procession failed to produce the second defendant. I’m quite happy Mr. Sowore informed the court that the second defendant is a young Nigerian whom the state ought to be sponsoring his education rather than seeking to prosecute him on a fathom charge in an attempt to overthrow a man who has since vacated the office of the President.
“Today again they came with the same excuse, fallacious excuse that they have failed to produce the second defendant, a young comrade and activist whose only sin is that he genuinely loves his country and decided to take part in a protest by demanding for a better country for himself and for every Nigerian.
“…since 2019, Mr. Sowore has been confined to the Nigerian prison his children and rights have been denied access. We have informed the state that we are not scared of their prosecution. If they believe they have a case, they should come forward in the next adjournment. We already applied that the matter be struck out or dismissed because the state has shown that they are not interested in prosecuting the case.”
I deserve respect from prosecution lawyer – Sowore
Also speaking, Sowore corroborated the lawyer saying, “My legal attorney, Marshall, has explained what transpired in court. But there were also some side issues in court that we need to bring to those who have been following this case and one of it is that, in the course of doing this, we came a little bit late to court because we thought there was going to be a strike.
“So, upon arrival they had already commenced the case but I was able to let the judge know that my lawyer was on his way, he is yet to come and the judge agreed with us.
“It is also important to inform you here that the prosecutor, this particular lady prosecutor that was brought, claimed that she is party to the case, which was very strange. It is Federal Government and I. I didn’t know that there is a lawyer who has a personal issue or prosecutor who has a personal issue with me.
“So we had quite a discussion in front of the judge and I told the judge that she is very rude because, she asked me to shut up in front of the judge and I thought that was not a language permitted in a court of law.
“We have noticed that she is very rude and I am serving this notice to her employers that I am a Nigerian citizen. I am not a criminal. The criminals in this country are known. Unfortunately the criminals are the ones in power.
“Even if I were to be in prison, nobody has the right to…especially a Nigerian official that is paid from tax payers and her employer. They should respect me and I’m telling the Attorney General he should find people who have composure and comportment, people who have respect and who know law, if they are serious about this case.
