The Federal High Court, Abuja on Thursday, threatened to strike out the case against the alleged masterminds of the 2014 Nyanya bombing.
Justice Peter Lifu made the threat following the absence of the prosecuting counsel in court for the umpteenth time.
Aminu Ogwuche alongside five others are standing trial for orchestrating the bombing that claimed at least 75 lives and left many more injured.
The other accused persons are Ahmad Rufai Abubakar (a.k.a Abu Ibrahim/Maiturare), Mohammed Sani Ishaq, Ya’u Saidu (a.k.a Kofar Rama), Anas Isah, Adamu Yusuf and Nasiru Abubakar.
The defendants were arraigned in 2014 before Justice Ahmed Mohammed but following his elevation to the Court of Appeal, the case had to start afresh before Justice Lifu.
When the matter was called, although all the defendants and their counsel were present in court, there was no legal representation from the prosecution.
The registrar of the court told the judge that the prosecuting counsel sent a letter to the court asking for an adjournment.
Counsel to Ogwuche, who is the first defendant, Mr A.I Abbas told the court that he saw the letter from the prosecution seeking and adjournment in court.
Abbas told the court that he had prayed the court on the last adjourned date to strike out the case and that he still stood by his application.
“The prosecution is not willing to proceed with this matter, they have been several delays from them and we have been condoning them
“The defendants are still innocent and from the charge, it is indicated that the defendants have been in custody for over 11 years.
“There is no reason for the delay so I pray the court to strike out this charge.”
He said that the defendants were Nigerians and would remain in Nigeria when the prosecution is ready to proceed with the case.
Echoing this sentiment, Mr A. M Yawuri, representing the 3rd and 4th defendants, highlighted the constitutional right to a speedy trial. “11 years on trial is anything but speedy,” he said.
Yawuri criticized the prosecution’s repeated excuses, pointing out that the Attorney-General’s office boasts a large pool of lawyers who could have appeared in court but chose not to, effectively jeopardising the defendants’ right to justice.
“The chamber of the Attorney-General of the Federation is about the largest chamber in the country and any of the multitudes of lawyers in that chamber could have been in court today but they chose to jeopardise the freedom of the defendants to a speedy trial,” he argued.
“11 years on trial cannot be said to be speedy trial as envisaged by the constitution.
“My client told me today that he had appeared before Justice Ahmed Mohammed 88 times and has appeared before my Lord 9times already.
“He also said that for the 11 years that they have been in custody, they have been denied sunlight and they see sunlight only when they come to court.”
The lawyer told the court that the capacity-building and training as reasons for the prosecution’s absence has become all too familiar.
He subsequently prayed the court to strike out the charge against the defendants and release them until the prosecution is ready to proceed with the trial.
For his part, counsel to the 5th defendant, Mr Umar Yakubu told the court that due to frustration owing to the long incarceration, his client was willing to change his plea from “not guilty” to “guilty” just so that he could leave the custody of the Department of State Services, (DSS).
Yakubu also prayed the court to strike out the case and discharge his client until the prosecution was ready to proceed.
In a ruling, Justice Lifu acknowledged the seriousness of the charges but decried the prosecution’s failure to provide convincing reasons for the endless delay.
He said that the case had been pending since Dec. 12, 2014, but that the reasons for the defendants’ prolonged incarceration without trial have never been reasonably explained to the court.
Justice Lifu said that he would give the prosecution one final chance to prove their case and set trial dates for June 18 and 19.
He, however, warned that any further delays could lead to the case being struck out.
“This is a seven-count charge bordering on terrorism and terrorist acts. It has been pending in court since Dec. 12 2014.
“The reasons for the long incarceration of the defendants without trial for 11 years have not been reasonably explained to the court, not even for once.
“Going by the record of this court, the reason for any adjournment by the prosecution has always been the same.
“The office of the Attorney-General of the Federation has a large number of learned men in its pool and department.
“In my considered view, going by the checkered history of this case and it’s trajectory, the reasons for adjournment are not cogent, compelling and convincing neither are they comprehensive to warrant an adjournment,” the judge held.
The judge also ordered the DSS to allow all defendant’s counsel, their parents, blood relations and desirable friends to have access to them to allow them prepare for their trial and for the sake of their mental and psychological health.
