The case of Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), faces the possibility of being struck out by Justice Emeka Nwite of the Federal High Court, Abuja. The judge issued the threat on Wednesday, emphasizing the need for the prosecution to put its affairs in order or risk the case being dismissed. The case was scheduled for the re-arraignment of the defendants, but only Sowore was present in court, as reported by the News Agency of Nigeria (NAN).
The prosecuting counsel, Mariam Okorie, informed the court that the hearing notice was to be served on the 2nd defendant, Olawale Bakare, based on the court’s previous order. However, she expressed uncertainty about whether Bakare had been served with the notice. The court’s registrar confirmed that Bakare had not been served.
Representing Sowore, Mr Marshall Abubakar, expressed his belief that the prosecution’s failure to serve the second defendant was an attempt to obstruct his client. He also mentioned that he had written to the Attorney-General of the Federation and Minister of Justice, requesting the charge to be severed so that Sowore could stand trial alone and enter his plea.
Abubakar stressed the length of time the case has endured, stating, “This is the fifth year since this charge was filed, the defendant has been denied access to his family since then because he has not been allowed to travel outside the country where his family lives.”
He continued, “You cannot continually and perpetually hold the man under suspicion that he committed a crime, and so we will apply that this case be struck out until the prosecution is ready to prosecute it.”
In response, the prosecuting counsel informed the court that they had written to the minister, and their next line of action would be determined upon receiving the minister’s response.
Justice Nwite expressed his inclination to grant an adjournment on the condition that, by the next adjourned date, the prosecution should comply with the court’s order to serve the 2nd defendant. He sternly warned that failure to comply would result in the case being struck out.
The judge concluded, “If you are not ready to go on with the matter, I am sounding this as the last warning that at the next adjourned date, I will strike out the matter even if heaven falls let it fall.”
The matter was adjourned until December 5th.
