She insisted that the 2nd defendant must be in court and must be re-arraigned and take his plea with Sowore despite the fact that he had not been served with the hearing notice.
Justice Emeka Nwite of the Federal High Court Abuja on Wednesday slammed the counsel to the Nigerian government, Maryam Okorie who is representing the Attorney-General of the Federation (AGF) and the Minister of Justice for not showing seriousness in the trial of human rights activist, Omoyele Sowore in the trumped-up treason charges filed against him.
Okorie had opposed the request by Sowore who is the 1st defendant to have the charges of 2nd defendant (Olawale Bakare) severed following the inability of the prosecution to serve the hearing notice on the 2nd defendant who is a secondary school dropout.
She insisted that the 2nd defendant must be in court and must be re-arraigned and take his plea with Sowore despite the fact that he had not been served with the hearing notice.
But Okorie threw caution to the wind in the court while she remained adamant despite the advice of the trial judge asking her asking her to severe the charges of the 1st defendant or alternatively prosecute the 2nd defendant in absentia so as not to stall the trial.
The case which was slated for re-arraignment could not go on as a result of lack of seriousness on the part of the prosecution in serving the 2nd defendant the hearing notice.
The prosecution who had on several occasions applied for adjournments to enable them serve the 2nd defendant had refused to serve him but instead pushed the responsibility to the court.
Meanwhile Sowore alongside his lawyer, Abubakar Marshal who arrived in the court a few minutes after the case was called by the registrar said his late arrival was owing to the speculation that the ongoing labour strike might have affected the court sitting.
He therefore pleaded to the court to stand down the case for a few minutes pending the arrival of his lawyer.
The prosecution counsel rudely interjected Sowore as she asked him to “shut up” in an open court in the presence of the trial judge.
At this point, Sowore’s lawyer, Abubakar Marshal walked in and apologised to the court for his late arrival.
Marshal said they had written a letter to the Attorney General of the Federation on the need to severe the charges of the 2nd defendant from to enable the 1st defendant continue with his trial in line with Administration of Criminal Justice Act (ACJA) due to inability of the prosecution to serve the hearing notice on him.
He also submitted a copy of the letter to the court and prosecution counsel who had feigned ignorance of the letter.
He told the court that the prosecution was bent on restricting and keeping his client in Nigeria since 2018 just to prevent him from visiting his family in the United States.
The judge said, “This matter has been going on without 2nd defendant and we have to resolve this issue one way or the other.”
Facing the prosecution counsel, the judge added, “I am talking to you as prosecutor that you have to make move to see that the 2nd defendant is served and if you cannot serve him. The next option is to severe the charge of 2nd defendant. Will it stall the proceedings if you severe the charge? Court ordered that 2nd defendant be served. So what effort have you made?”
Okorie replied, “I am not aware.”
The judge then lambasted her, “That means you are not serious, if you are serious you will ask about the outcome of serving the 2nd defendant. The issue is that even if the case started “de novo’ this is almost two years since I take over the matter. If you people are serious you ought to have done the needful. I have told you this times with number. If you are unable to get in touch with 2nd defendant, the proper thing to do is to severe the 2nd defendant and go on with 1st defendant.
“Let me sound this as last warning, I am ready to adjourn this matter and if you people are not ready to go on with this matter at the next adjourned date I will strike out this matter.”
The judge therefore adjourned the matter to December 5, 2023.