The trial of five suspects arrested in connection with the burning of the Rivers House of Assembly last year could not proceed on Tuesday at the Federal High Court, Abuja.
The judge, Mobolaji Olajuwon, adjourned the trial until 19 March following information by a counsel for two of the defendants, Lukman Fagbemi, a Senior Advocate of Nigeria (SAN), that the prosecution filed a counter-affidavit that raised serious allegations against his clients.
Mr Fagbemi told the court that he had filed a motion on notice to challenge the competence of the charge and the territorial jurisdiction of the court to hear the matter.
He told the court that he had just been served in the open court the Inspector-General of Police’s counter-affidavit that raised grievous allegations against his clients in objection to their motion.
The senior lawyer said he would need more time to study the processes and respond appropriately.
The lawyer, prosecuting the case on behalf of the Inspector General of Police, Aliyi Garba, admitted that he served the counter-affidavit opposing Mr Fagbemi’s application in the court.
Ms Olajuwon equally discovered that a copy of the prosecution’s counter-affidavit was not in the court’s file.
She consequently adjourned the matter until 19 March for continuation of trial.
The News Agency of Nigeria (NAN) reports that the five defendants, who are loyalists of Governor Siminalayi Fubara of Rivers State, were on 25 January arraigned on seven counts of terrorism and murder.
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They are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod.
The judge had, on 5 February, declined to grant bail to the defendants on the ground that they did not provide special circumstances to warrant their respective release from remand at the Kuje Correctional Centre.
They were alleged to have invaded, vandalised and burnt down the Rivers State House of Assembly on 29 December 2023 in the case marked: FHC/ABJ/CR/25/2024. The charges were preferred against them by the Inspector General of Police.
(NAN)
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