BOKO HARAM: COURT FROWNS AT FG’S RELUCTANCE TO PROSECUTE ALLEGED UN BUILDING’S BOMBERS

A
Federal High Court in Abuja yesterday frowned at the Federal
Government’s non-exhibition of diligence in the prosecution of four suspected
Boko Haram members being held over their alleged complicity in the 2011 bombing
of the United Nations (UN) building in Abuja.

The four-Salisu Mohammed, Inusa Mukailu, Dan’azumi Haruna and
Abdulsalami Adamu were all arrested in Kano shortly after the bombing incident
that occurred on August 20, 2011.

They were arraigned on a four-count charge bordering on
terrorism.

Presiding judge, Justice Gladys Olotu, expressed dismay that the
prosecution, who had applied for and got the court’s permission for accelerated
trial, was now reluctant to produce its witnesses months after its first
witness testified.

Justice Olotu, in a ruling on an application for adjournment by
the prosecution lawyer and an official of the Federal Ministry of Justice, Mrs.
O. E. Ohakwe, held that by its conduct, the prosecution has not exhibited the
willingness to diligently prosecuted the case.

The judge, who reviewed the history of the case, noted that the
suspects were arraigned on May 7, 2013 after which the prosecution applied for
and got the court’s permission for the accelerated hearing of the case.

She recalled that on June 11, the scheduled commencement of
trial was stalled due to the inability of the prosecutor to provide all the
needed material evidence to prosecute the case.

“Though the prosecuting counsel was able to bring one witness,
Mr. Ibrahim Agu (PW1), however, she told the court that the other witness, CSP
Augustine Pam, being expected would come from Jos.

“After a series of attempts to prosecute the four suspects had
failed, the court had to adjourn the matter to October 10 and 11, 2013 for the
prosecuting counsel to call up the second witness, but to no avail.

“At the last adjourned date of November 20, the prosecuting
counsel told the court that the witness was seriously ill and could not climb
the staircase of the Federal High Court. As a result of that, the court granted
an adjournment for the witness to appear in court.

“Today, the prosecutor came to court and could not produce the
witness in spite of the patience of the court to grant an adjournment, even
when there was no substantial evidence to show that the witness was ill,” the judge
said.

Justice Olotu noted that the first prosecution witness has
concluded his evidence, but the prosecution has been unable to produce its
proposed second witness to commence his testimony in court.

“The prosecution counsel has come up with her stories in spite
of the fact that there was unsubstantiated medical report to show that the
witness was incapacitated.

“He was ill, but travelled all the way from Jos to Abuja and
could not climb the staircase on November 20. The matter was adjourned to
today. He failed to appear in court, but was able to travel back to Jos.

“The court cannot continue to take these stories from the
prosecution any longer. I, therefore, make an order that the prosecution should
close her case against the suspects” the judge held.

Following the court’s order, Mrs Ohakwe closed the prosecution’s
case.

Defence lawyer, Ken Obiduruzo, applied for a short date to
enable him tender his application for a no-case submission on behalf of the
accused persons.

Justice Olotu adjourned to January 22 next year for adoption of
parties’ written submissions in relation to the the defence’s
no-case-submission.