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December 30, 2022
Justice Giwa-Ogunbanjo had on November 22, 2021, while delivering her judgement on the matter, struck out the case on the ground that it was defective.
Solomon Akuma, a pharmacist detained by the Muhammadu Buhari regime has been transferred from Kuje Correctional Centre in the Federal Capital Territory, Abuja, to the Suleja Medium Security Custodial Centre, Niger State.
According to multiple sources, Akuma who had spent close to three years in detention was secretly moved to the Suleja facility after he was accused of giving information to SaharaReporters newspaper.
“Solomon was taken from Kuje correctional facility to Suleja, and this is supposed to serve as punishment for him because they think he's giving Sahara Reporters information,” a source said.
A top prison official at the Kuje prison added, “Pharmacist Solomon Akuma who was arrested for an alleged tweet about the President in 2020 has been charged for terrorism and 8 other counts
“On Sunday, He was accused by Nigerian government officials of giving information to SaharaReporters and he's currently being punished for what he has no idea of.
“This is because human rights activist, Omoyele Sowore, also always attends his hearings. So to punish him, they decided to cut him off communication.
“He has been moved to the deadly Suleja prison, without any charges as all charges against him were struck out already by the first Judge that handled his case. They have punished the young man enough, it's almost three years now; they have refused to release him.”
Akuma is being prosecuted after his arrest on April 2, 2020, in Abia State for tweeting that he will "pay a Russian sniper to eliminate (President Muhammadu) Buhari and (Abba) Kyari (Buhari’s former Chief of Staff)" in response to a Twitter post asking "if $1m hits your account, your next move?"
Justice Giwa-Ogunbanjo had on November 22, 2021, while delivering her judgement on the matter, struck out the case on the ground that it was defective.
The court said there was no valid charge before the court and that the matter was not diligently prosecuted.
She said the case file would be returned to the Director of Public Prosecutions (DPP) in the office of the Attorney General of Federation (AGF) for further action and the matter was scheduled for Friday, December 17, 2021, for the hearing of the application for the discharge of the defendant from the Nigerian Correctional Service.
However, on December 17, 2021, the judge allowed the application of an amended charge and vacation of the judgement filed by the prosecution counsel to take prominence as she asked the defendant to take his plea, adding that there was an amended charge before the court.
But when the court registrar proceeded to read the amended charge and asked Akuma (defendant) if he was guilty or not, the defendant kept mute.
The defence counsel, Emmanuel Ukaegbu, while raising an objection to the amended charge, said his client would not take the plea on the ground that he had not seen the amended charge.
The lawyer said it would not be proper for him to take a plea without going through the charge.
He insisted that his client must see the charge preferred against him before taking his plea.
At this point, the trial judge gave the defence counsel 10 minutes to advise and consult with the defendant, who was in the dock and convince him to take his plea.
But Ukaegbu remained adamant as he insisted that even the entire day would not be enough for him and his client to go through the amended charge.
Suddenly the judge became infuriated as she interrupted Ukaegbu and asked him to sit down. She threatened to charge the lawyer for contempt of court for remaining standing while she was talking. After the drama, the defence counsel asked the court for an adjournment.
On April 4, 2022, Justice Ogunbanjo announced her withdrawal from the case over allegations of bias.
The judge was accused of showing likelihood of bias against the defendant in a motion on notice marked FHC/ABJ/CR/97/2020 filed through the defence counsel and she was asked to recuse herself.
According to the suit "That the refusal of the Honourable court to make the appropriate consequential order discharging and releasing me from custody led to my being illegally detained. That when I filed an application for my discharge and release. The Prosecution also filed an application to the Honourable court to vacate its Judgment and amend the charge already struck out.
“That this Honourable Court granted an amendment of already struck out charge and refused to discharge and/or release me from custody.
“That this Honourable Court deemed the Amended Charge filed on 29/11/2021 as properly filed and served.
“That my Counsel asked for an adjournment to enable him avail me the charge and prepare me to take my plea if need be but this Honourable Court refused the application for an adjournment in the first instance.
“That the Honourable Court ignored the application of the Defendant’s Counsel for adjournment and began to conduct the proceedings directly with me on 17/12/2021.
“The Honourable Court ordered that the Amended charge be read to me without the participation of my Counsel in the proceedings and on two occasions on 17/12/2021, the Court entered a plea of not guilty when I did not take plea.
“That the Honourable court reluctantly granted an adjournment for plea and continuation of the matter. The Certified True Copy of the proceeding of 17/12/2021 is attached as Exhibit SA3.
“That I do not have confidence in getting justice from this Honourable Court.”