The absence of a judge, Emeka Nwite, of the Federal High Court, Abuja, has stalled the trial of 11 persons arrested in connection with the #EndBadGovernance protest held across the country.
The protesters were re-arraigned before Justice Nwite on September 27 following amended charges filed by the Federal Government to include one more protester, bringing the total number of arraigned persons to 11.
It would be recalled that Nwite granted N10m bail to each of the protesters and adjourned proceedings till November 11 before later moving forward to November 8.
However, our correspondent reports that Justice Nwite did not sit for the case as he had embarked on his annual vacation. He was a vacation judge at the close of the court’s 2023/2024 legal year.
Counsel for the protesters, Deji Adeyanju, told newsmen that no date has been fixed for the trial.
“It was fixed for Friday (November 8), but it still did not go on,” Adeyanju said.
“You know Justice Nwite was a vacation judge, so he has gone on his vacation.
“We have not been able to secure a date, but when we do I will let you know,” he added.
The defendants who are said to be organizers of the protests were earlier arraigned on
6-count charges of alleged treason, intent to destabilize Nigeria, conspiracy to commit
felony and inciting to mutiny which is an offence punishable under section 97 of the penal code.
The protesters, Michael Adaramoye also known as Lenin, Aderemi Abayomi, Suleiman
Yakubu, Opaoluwa Simon, Angel Innocent, Buhari Lawal, Mosiu Sadiq, Bashir Bello, Nuradeen Khamis and Abdulsalam Zubairu are listed as the 1st to 10th defendants, in the suit marked FHC/ABJ/CR/454/2024.
At the last sitting, the police prosecution and senior lawyer, Simon Lough, informed the court that they had filed an amended charge to include an 11th defendant, Daniel Akande.
Counsel for the 1st defendant, Matthew Abubakar objected to the amended charge arguing that the defendant should have sought the permission of the court before any amendments.
Anthony Itedjere, representing the 4th defendant, urged the court to dismiss the amendment for lack of permission.
He also noted that 14 persons were named on the amended charge, while 11 persons were brought before the court.
“My lord, the amended charge has 11 defendants but each of the counts has 14 persons named who are supposed to take their plea to the counts,” Itedjere said.
“For this court to hear this matter, there must be service on all the defendants named in counts 1 to 8 of the amended charge.
“We should also know that there is a British citizen on the list, it is good to portray the country in a good light. There was no permission of this court to file an amended charge,” he argued.
On his part, counsel for the 5th and 11th defendant, Adeyanju said the prosecution should be permitted to amend his charge.
After listening to each counsel, Justice Nwite granted the prosecutor permission to move the amended charge.
When the charges were read to the defendants, they all pleaded not guilty to all 8 counts.
The judge re-granted all the defendants N10m bail each with a surety in like sum.
Counsel for the 1st defendant, Abubakar informed the court that only 7 out of the original 10 persons were able to meet their bail conditions, while the remaining 3 could not meet up due to lack of funds and urged the court to vary their bail conditions.
Justice Nwite therefore fixed October 4, for the hearing on the variation of bail conditions.
