By Obinna Ejianya (9News Nigeria – Melbourne, Australia)
In a significant development in the four-year-long alleged treasonable felony case against pro-democracy activist and Presidential candidate of the African Action Congress, Omoyele Sowore, Justice Emeka Nwite of the Federal High Court in Abuja issued a stern warning to the Federal Government’s prosecution team. The judge threatened to strike out the case should the prosecution fail to get its acts together. The case, which centers around Sowore’s call for a protest tagged #RevolutionNow, has been marred by delays and procedural issues. This article delves into the latest developments in the case and highlights the challenges faced by both the defence and prosecution.
Background: The Case Against Sowore
The case against Omoyele Sowore stems from his call for a nationwide protest scheduled for August 5, 2019, under the banner of #RevolutionNow. The former President Muhammadu Buhari-led government accused Sowore of treason, leading to his arrest and subsequent detention for five months by the Department of State Services (DSS). The charges against Sowore have been a subject of controversy, with critics arguing that they are politically motivated and an infringement on his right to freedom of expression.
The Transfer of the Case and Delayed Proceedings
The trial against Sowore has faced numerous setbacks and delays, making it a prolonged battle for justice. One of the recent issues that drew the judge’s ire was the false claim made by the prosecution counsel, Barr. Maryam Okorie. She asserted that the case was transferred to Justice Nwite because the previously assigned judge, Justice Anwalu Chikere, had retired. However, it was revealed that the case was not transferred due to the retirement of Justice Chikere, raising concerns about the prosecution’s credibility.
Furthermore, the prosecution admitted to not serving the second defendant, Olawale Bakare, with the hearing notice. This led to accusations from Sowore’s counsel, Mr Marshall Abubakar, that the prosecution was intentionally trying to frustrate his client by not allowing him to take his plea and stand trial alone. Abubakar had written a letter to the Attorney-General of the Federation and Minister of Justice, requesting that the charges against Sowore be severed to ensure a fair trial.
The Defense’s Plea for Justice
During the court proceedings, Abubakar expressed his concern over the prolonged nature of the case, emphasizing that Sowore has been denied access to his family for five years. He argued that the continuous suspicion hanging over his client’s head without a proper trial was unjust and requested that the case be struck out until the prosecution is ready to proceed. This plea reflects the frustration and emotional toll that the prolonged legal battle has taken on Sowore and his family.
The Judge’s Warning and Conditions for Adjournment
In response to the arguments presented by both the defence and prosecution, Justice Nwite issued a stern warning to the prosecution. He threatened to strike out the case on the next adjourned date if the prosecution fails to get its acts together and comply with the court’s order to serve the second defendant, Olawale Bakare, with the hearing notice. The judge made it clear that he would not tolerate further delays or disregard for due process.
However, the judge also granted an adjournment, allowing the prosecution time to comply with the court’s order. Justice Nwite emphasized that by the next adjourned date, the prosecution must have served Bakare with the notice. Failure to do so would result in the striking out of the case, regardless of the consequences.
In conclusion, the case against Omoyele Sowore has been a long and arduous battle for justice. The recent threat by Justice Nwite to strike out the case highlights the frustrations faced by both the defence and prosecution due to delays and procedural issues. As the fight for justice continues, it remains to be seen whether the prosecution will comply with the court’s order and whether Sowore will finally have his day in court. The outcome of this case will have significant implications for the protection of freedom of expression and the right to protest in Nigeria.
By Obinna Ejianya (9News Nigeria – Melbourne, Australia)
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