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Godwin Tsa, Abuja
Federal High Court, Abuja, yesterday slammed N200, 000 fine on the Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami, a Senior Advocate of Nigeria (SAN), for stalling the trial of the publisher of Sahara Reporters, Omoyele Sowore and his co-defendant, making it the second time the court has imposed fine on the government.
Last year, the government paid N100,000 cost to the defence team for delaying the trial. At yesterday’s proceedings, Nobel Laureate, Prof. Wole Soyinka, and some civil activists were in court in solidarity with Sowore, who is being prosecuted for organising a nationwide protest tagged, #RevolutionNow.
Former senator representing Kaduna Central, Shehu Sani, former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu, and Deji Adeyanju were also in court.
Meanwhile, the Federal Government has reduced the number of charges against the defendants from seven to two counts in an amended charge dated February 11, 2020.
Justice Ifeoma Ojukwu awarded N200,000 cost following the failure of the prosecution counsel, Aminu Alilu to serve the defendants with copies of the amended charge ahead of the proceedings but rather prayed for adjournment.
Justice Ojukwu held that the prosecution having exhausted the number of five adjournments it is entitled to under the provisions of the Administration of Criminal Justice Act (ACJA), 2015, the request for an adjournment would come with a cost. The judge, thereafter, adjourned trial till tomorrow.
Alilu had informed the court that the AGF had taken over the matter and the charges amended to two. He, however, said he was yet to serve same to the defendants. “With kind permission of the court, we plan to do this after today’s proceeding. That is my application, my lord,” he said.
Ojukwu then asked him what he meant by his remark. “I don’t understand? When did you take over the matter? How long does it take to review facts of the matter? Or, this is how you are going to prosecute this case?,” the judge, who was visibly angry, asked. The AGF lawyer apologised for the delay but Ojukwu said: “I do not like apology. You better drop your apology and do the right.”
Counsel to the defendants, Adeyinka Olumide-Fusika (SAN), disagreed with Alilu’s application. Fusika, who told the court that the AGF was not prepared for the trial, asked the judge to strike out the case for want of diligent prosecution.
He said he was surprised that Alilu, who signed and filed the initial seven-count charge on September 21, 2019, could be telling the court that he was just taking over the case.
“I am not sure my learned friend is not the same Aminu Alilu that signed the first charge served on us. They filed this and they are now coming to court to say they are taken over the case. Taken over from whom, from itself?”
Fusika also told the judge that earlier in the morning, the defence team met the AGF lawyer to ask if he had any fresh application but he said none.
He said such action was to unjustly punish the defendants and that the prosecution had, not less than three times, disobeyed the court order, including the order for the defendants’ release.
“We started this since August 2019. Sowore is a family man; his business is almost grounded. He is marooned here in Abuja because of the court order but for the effort of wellwishers, he would have been sleeping under the bridge.
“For Mr. Bakare, he cannot leave Oshogbo and Abuja. This is a way of punishing my clients before they are tried. AGF had no hope in the trial. “Do you have any hope?” he asked Alilu.
Fusika said: “I will bring my clients any time they are ready with the charges. I will undertake for them. The prosecution is law to it selves because they have disobeyed many times though they are law officers.”
However, Alilu told the court that nobody approached him for fresh application. Ojukwu then asked who was lying between the defence and prosecution counsel. “You see why people don’t trust lawyers? How can you do something like that and now denying it?” the judge asked.
In her ruling, Ojukwu, who described the application by the prosecution as frivolous, said the action was an attempt to delay the case.
She then awarded a fine of N200, 000 against the AGF, which must be paid before the commencement of the trial in the next adjourned date and adjourned the case till February 13 for continuation of trial.
