The Federal High Court in Abuja on Wednesday cautioned defence lawyers against conduct that could delay the trial of four suspected Indigenous People of Biafra (IPOB) members charged with kidnapping and killing a Department of State Services operative.
Justice Joyce Abdulmalik issued the warning while ruling on a prosecution application to shield the identities of its witnesses and while considering defence requests for an adjournment. The defendants are Michael Okafor, also known as Onyechimeleze; Chinedu Chukwudozie, alias Kante; Chibunna Olisa; and Chigozie Olisa, also known as Ability.
They were arraigned on September 28 on a six-count charge involving terrorism, kidnapping and related offences. All four pleaded not guilty.
According to the prosecution, the men allegedly conspired to commit acts of terrorism and took part in the abduction of Ekpeyong Asuquo Owoh while he was travelling from Port Harcourt, Rivers State, to Awka, Anambra State. They are further accused of holding the DSS operative hostage and later killing him. The prosecution also alleged that the defendants belonged to IPOB and its armed wing, the Eastern Security Network, and unlawfully possessed firearms including an AK-47 rifle and a pump-action gun.
When the case came up on Wednesday, prosecution counsel Munirat Oladunjoye applied for an order allowing witnesses to testify without their identities being disclosed, citing Section 232(3)(b) of the Administration of Criminal Justice Act 2015. She argued that the terrorism-related nature of the case justified the protection.
Kelvin Ekwe, counsel for the first and second defendants, opposed the application, saying the prosecution had not shown how disclosing the witnesses’ identities would prejudice its case and that a formal application should have been filed. He relied on Section 36 of the 1999 Constitution guaranteeing the right to a fair hearing.
Justice Abdulmalik ruled that revealing the identities of witnesses in a terrorism trial could undermine the interests of justice. She ordered that the trial proceed with a prosecution witness identified only by the code name “AB” and warned that anyone who violated Section 232(5) of the ACJA would face a one-year jail term.
Proceedings were later interrupted by defence applications for an adjournment. Geoffrey Uwadiegwu, representing the third and fourth defendants, said he was appearing in the matter for the first time and needed more time to study the case file. Ekwe told the court that the prosecution had only recently served him with video evidence and that he was not ready to proceed.
Oladunjoye acknowledged the recent service of the video but said it would not be used that day. She urged the court to continue, noting that Ekwe’s absence on October 6 had already contributed to an earlier adjournment.
When the two defence lawyers stood up at the same time to press their requests, Justice Abdulmalik cautioned them against unruly conduct. The court’s warning came as efforts continued to move the trial forward on the charges of terrorism, kidnapping and the killing of the DSS operative.
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