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Issues final warning to defendants, counsel
From Molly Kilete, Abuja
Justice Emeka Nwite of the Federal High Court in Abuja on Tuesday slammed counsel to Mohammed Usman (also known as Khalid al-Barnawi), leader of the Boko Haram dissident splinter group Ansaru, and four other suspects for failing to appear in court.
The judge issued a final warning to the counsel and defendants to show up at the next hearing slated for September 5 and 12.
Usman is being prosecuted on terrorism-related charges along with other suspected members of his group: Mohammed Bashir Saleh, Umar Mohammed Bello (a.k.a. Datti), Mohammed Salisu, and Yakubu Nuhu (a.k.a. Bello Maishayi).
They are accused of being members of a terrorist group known as Jama’atu Ansarul Muslimina Fi Biladis Sudan (a.k.a. Ansaru).
The defendants are also alleged to have conspired to carry out acts of terrorism between 2011 and 2013 in Sokoto, Kebbi, Bauchi, Borno, Gombe, and other northern states.
At the mention of the case on Tuesday, prosecuting lawyer Dr Alex Izinyon (SAN) told the court that the case was scheduled for continuation of proceedings in the trial-within-trial.
Izinyon noted that the first defendant (Usman) and his lawyer were absent. He further noted that lawyers for two other defendants were also not in court.
He stated that Usman’s lawyer, who claimed to be away in Enugu, had promised to send a representative but failed to do so.
Izinyon expressed concern that the absence of the first defendant and the defence lawyers was unpleasant to the court’s resolve to accelerate the hearing in the approximately 13-year trial.
He said the absence of the defence lawyers without communicating with the court was disrespectful.
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Lawyer to Bello and Nuhu (3rd and 4th defendants), Abdulkarim Audu, also said the proceedings would have to be rescheduled due to the absence of the first defendant and the defence lawyers.
Both lawyers urged the court to grant a short adjournment to enable parties to make progress in the case within the ongoing court vacation.
Ruling, Justice Nwite expressed displeasure over the absence of the first defendant and some of the defence lawyers.
Justice Nwite said, “It is unfortunate that this scenario is playing out when the effort is to ensure expeditious hearing of the matter.
“This court will not condone the attitude of the first defendant or any of the defendants in absenting themselves from the proceedings,” he said.
The judge directed lawyers to work together to address what informed the absence of the first defendant and other defence lawyers to prevent further delays in the case.
Justice Nwite then adjourned till September 5 and 12 for continuation of evidence of the third prosecution witness (PW3) and the playing of videos in the trial-within-trial.
The US had, in 2012, placed a $5 million (£3.5 million) bounty on Al-Barnawi’s head after branding him one of three Nigerian “specially designated global terrorists.”
Ansaru is said to be ideologically aligned with al-Qaeda in the Islamic Maghreb and is also accused of killing several Westerners.
Ansaru was reported to have claimed responsibility for an attack on a maximum security prison in Abuja in 2012, during which dozens of inmates were freed.
