Justice Binta Nyako of the Federal High Court in Abuja, on Monday, threatened to strike out terrorism charges brought against four defendants alleged to have kidnapped and killed the traditional ruler of Amanze-Obowo autonomous community in Imo state, Eze Basil Njoku.
The Judge’s threat followed the absence of the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN) in court to lead the prosecution of the defendants.
Although the four defendants were billed for arraignment by 9 am, the Judge was forced to shift it to 12 noon due to the absence of the AGF or his representatives in court.
The four defendants are Jude Iheme, Chika Madukwe, Nwokorie Chidiebere Ejike, and Victor Nwajuiba Obumneke.
The three counts earlier slammed against them have been increased to five in an amended charge.
By 12 noon, when the arraignment was to be held, neither the AGF nor his representative still appeared in court without any information or communication to the court.
The situation prompted the judge to invite lawyers to the defendants into her chambers where the matter was adjourned till April 30th was fixed.
Although lead counsel to the defendants, Solomon Akume (SAN) had applied for dismissal of he terrorism charges against the defendants, Justice Nyako opted to give the AGF another chance to lead a diligent prosecution.
The judge however held that in the event of the AGF or his representatives not appearing in court on the adjourned date, the court may have no option than to strike out the charges against the defendants for want of diligent prosecution.
At the last proceedings of March 20, the AGF represented by David Kaswe, a lawyer from the Federal Ministry of Justice took over the prosecution of the defendants from the Inspector General of Police (IGP) who, first, commenced the trial of defendants.
Kaswe had told the judge that the AGF invoked Section 174 of the 1999 Constitution and Section 105 of the Administration of Criminal Justice Act (ACJA) to assume trial of the defendants.
The AGF’s office, at the last proceedings, told the court that the IGP had been directed to make the case file available to his office.
However, when the matter came up on Monday, neither the AGF nor David Kwase and Simon Lough (SAN), who was prosecuting the case for the IGP was in court, despite being served with hearing notice.
Meanwhile, Justice Nyako has ordered that fresh hearing notice for April 30th arraignment of the four defendants be served on the AGF.
Iheme, 52 years of Amagwu Amanze Obowo local government area of Imo, and Madukwe, 42 years of Ndi-Uche Etiti Omuimo local government area also of Imo State, were said to have killed the traditional ruler on December 17, 2022.
The defendants were accused of killing the monarch while coming from the Federal Medical Center, Umuahia, after kidnapping and collecting a ransom of N4 million cash from his family.
In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to section 26 of the Terrorism Prevention and Prohibition Act 2022.
They were also said to have armed themselves with guns and offensive weapons, attacked, kidnapped, and killed the monarch on December 17, 2022.
The IGP also accused them of failing to volunteer information at their disposal to security agencies which could have led to apprehension of other kidnappers contrary to section 16 of the same Terrorism Act.
