The judge ordered the AGF, Abubakar Malami, to pay N50,000 to each of the four defendants who formerly faced the same set of charges along with Nnamdi Kanu, the IPOB leader.

The Federal High Court in Abuja, on Wednesday, imposed a fine of N200, 000 on the Attorney General of the Federation (AGF), Abubakar Malami, for scuttling the trial of four former co-defendants of Nnamdi Kanu.

The four defendants – Bright Chimezie, Chidiebere Onwudike, Benjamin Maduagwu, and David Nwaurusi – were until February 2018 co-defendants in the same case with Mr. Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).

Binta Nyako, the trial judge, on February 20, 2018, ordered a separate trial for Mr. Kanu, who had then stopped attending the trial and fled the country for months following the invasion of his house in Abia State by the military in September 2017.

Mr. Kanu, who was brought back to the country under unclear circumstances by the federal government in June last year, is now facing terrorism and treasonable felony charges alone in a separate case.

On Wednesday, Mrs. Nyako ordered that each of Mr. Kanu’s former co-defendants be paid N50,000 by the AGF for the inconveniences they suffered as a result of the absence of the lead prosecutor from the Federal Ministry of Justice, Shuaib Labaran.

Mrs. Nyako, who was visibly angry at the way the trial was scuttled on Wednesday, ordered that the total sum of N200, 000 must be paid to the defendants before the next trial date fixed for March 17.

Hardship

The defendants had, through their lawyer, Ifeanyi Ejiofor, complained about the hardship they suffered to raise funds for their transportation to Abuja. They usually travel to Abuja for their trial from their various places of residence in the South-east region of the country.

There was no legal representation for the federal government at the time their case was called on Wednesday.

The judge was about to adjourn the suit when a lawyer from the Federal Ministry of Justice, Adewumi Aluko, came in to apologize that the government’s lead lawyer was out of the country.

Mrs. Aluko informed the judge that two witnesses were in court, but would not want the case to proceed in the absence of the lead counsel. She then sought an adjournment.

Her apology did not go down well with the judge who warned the federal government to be more serious in the trial of the defendants.

Similarly, Mrs. Nyako advised the defense lawyers to stop using frivolous applications to delay the trial which started in 2015.

Backstory

The four defendants were charged along with Mr. Kanu, who later stopped attending trial and fled the country after the Nigerian army invaded his Afara-Ukwu Ibeku home in Abia State.

Messrs Chimezie, Onwudiwe, Madubugwu, and Nwawuisi, aged between 33 and 45, are facing a three-count charge of conspiracy to commit treasonable felony and illegal possession of firearms, were arrested in 2016.

They were initially charged along with Mr. Kanu, but the judge, in February 2018, ordered the separation of their trial from that of the IPOB leader, whose absence was found to be unduly delaying the case at the time.


Mrs. Nyako in granting them bail said she had carefully considered the consolidated application for bail submitted by their counsel and the number of years they had spent in prison custody.

She added that the defendants are not allowed to travel outside the country, that they are to deposit their traveling documents with the Federal High Court registrar.

The judge ordered that they were not to be seen in any gathering at any time or grant interviews to journalists or any other person.

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