Justice Binta Nyako of the federal high court Abuja has threatened to strike out terrorism charges brought against four defendants by the federal government over the alleged kidnap and killing of the traditional ruler of Amanze-Obowo autonomous community in Imo state, Eze Basil Njoku.
The threat by Justice Nyako followed the absence of the attorney general of the federation Lateef Fagbemi in court to lead the prosecution of the defendants.
The four defendants were billed for arraignment by 9.am, the judge was forced to shift it till 12noon because of the non-appearance of the AGF or his representative in court.
By 12noon, when the matter was to resume neither the AGF not his representative appeared in court, and with out any information or communication to the court.
The situation prompted the judge to invite lawyers to the defendants into her chambers where an adjournment of April 30th was fixed.
Although lead counsel to the defendants, Solomon Ikune SAN had applied for dismissal for the terrorism charges against the defendants, Justice Nyako opted to give the office of the AGF another chance to lead a diligent prosecution.
The judge however held that if the AGF or his representative do not appear in court on the adjourned date, the court may have no option than to strike out the charges against the defendants due to a lack of diligent prosecution.
The AGF represented by David Kwase had at the last adjournment on the 20th of March taken over the prosecution of the defendants from the inspector general of police who intially initated the trial of the defendants.
Mr Kwase had told the judge that the AGF invoked section 174 of the 1999 constitution and section 105 of the administration of criminal justice ACJA to assume trial of the defendants.
However at today’s proceedings neither the AGF or David Kwase and a senior advocate of Nigeria Simon Lough who was prosecuting the case for the Inspector general of police was in court, despite being served with hearing notice.
Meanwhile Justice Nyako has ordered that hearing notice for April 30th arraignment of the four defendants be served on the AGF.
Eze Basil Njoku was among the 51 traditional rulers from various communities in Imo state given the staff of office on Friday, February 4th.
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