Justice Ijeoma Ojukwu of the federal high court Abuja Wednesday,
awarded the sum of N200,000 against the Attorney General of the
Federation and Minister of Justice, Abubakar Malami, SAN.
The presiding judge gave the ruling after the prosecution, Allilu
Aminu Kayode, requested for an adjournment in the ongoing trial of the
Sahara Reporter Publisher and Convener of #REVOLUTIONNOW, Omoyele
Sowore who is standing trial before her court.
Quoting Section 396 (6) of ACJA in a short ruling, the judge held:
“The prosecution’s request for adjournment was frivolous and a waste
of court time.
She warned that there won’t be a continuation of trial if the
prosecution fails to pay the sum of N200,000 fines into the account of
the defence or come to court with the cash.
Although, the prosecution later serves the defence counsel during the
proceeding, Ojukwu nevertheless frowned at late filing of amended
charges and service of same on defence in the open court.
The judge expressed her displeasure with the fact that prosecution’s
failed to serve all the necessary documents as ordered by the court
over seven weeks ago.
But while putting up a defence at the resumed trial on Wednesday,
Allilu told the court that the amendment of the charges was effected
after taking over of the case from the Department of State Services.
He thereafter asked for an adjournment to effects the service on the defence.
Countering, Olumide-Fusika SAN, a lawyer from Femi Falana, SAN chamber
argued that the prosecution were not ready for trial, urging the court
to strike out the charges.
The prosecution’s request for adjournment according to the defence
counsel was an indication of their lack of diligence in the
prosecution of the case.
But while opposing the striking out of the charges, the prosecution
cited Section 396 (5) of Administration of Criminal Justice Act 2011
which gives parties in a criminal case the right to ask for an
adjournment up to five times in the course of the trial, saying that
the prosecution had yet to exhaust the five times.
Meanwhile, in a rare show of solidarity, an elderstatesman and Nobel
Laurate, Professor Wole Soyinka and political activist, Senator Shehu
Sanni both appeared at the trial to observe it.
Although Soyinka declined to comment, he jokingly added thereafter
that “Any comment could land me in detention,”
Members of the REVOLUTIONNOW were also sighted outside the court
premises chanting solidarity song. Some of them also carry placard
with inscription like “Stop Sowore trial” and “Enough is Enough”
