Court Adjourns Trial As Nigerian Government Re-Arraigns 10 #EndBadGovernance Protesters, Amends Charge
The re-arraignment was at the instance of an application by the Prosecution Counsel, Mr. Simon Lough to add Daniel Akande to the 1-8 count charge bordering on treasonable felony.
The Nigerian government on Friday re-arraigned 10 young Nigerians arrested in Abuja, Kaduna, Kano, Katsina, Sokoto and Gombe in connection with #EndBadGovernanceInNigeria protest following the amendment of the charge bordering on treasonable felony.
The re-arraignment was at the instance of an application by the Prosecution Counsel, Mr. Simon Lough to add Daniel Akande to the 1-8 count charge bordering on treasonable felony.
Recall that 10 protesters were on September 2, arraigned before Justice Emeka Nwite when they pleaded not guilty to the six counts charge earlier brought against them.
They were also admitted to bail with stringent conditions with N10million each and one surety in like sum on September 11.
The amended charge has now included Daniel Akande who is a member of the Solidarity Network for Workers’ Rights as 11th defendants in the case. Daniel was arrested in Abuja during a church service on September 1.
The defendants pleaded not guilty to the eight counts charge when it was read to them.
The case which was initially slated for trial could not go on as scheduled as defendants were made to take their plea alongside Daniel Akande, the 11th defendant.
Earlier counsel to the 1st and 2nd defendants, Abubakar Marshal said the amendment of the charge by the prosecution was not in line with the section 216 of Administration of Criminal Justice Act (ACJA) . He argued that the prosecution could not unilaterally amend the charge without the leave and permission of the court.
He also told the court that prosecution had not served the parties with the proof of evidence which the defendants would rely on.
He said in the cause of previous proceedings, they did apply and emphasise the need for the prosecution to furnish them with the proof of evidence to enable the defendants to prepare for their trial.
Marshal insisted that the prosecution must furnish them with the list of every witness they intend to rely on.
“The written testimonies of all witnesses including the police and all the documents must be provided. Any procedure contrary to this invalidates the entire procedure,” Marshal added.
Marshal also hinted on the application pending before the court seeking variation of bail for 3rd, 4th and 10th defendants respectively in line with section 396 of Administration of Criminal Justice Act (ACJA ).
He said they had been able to perfect the bail conditions for seven out of 10 just as he prayed the court to vary the terms for the remaining three defendants in the interest of justice.
Meanwhile counsel to the 4th defendant, Anthony Itedjere while objecting to the amended charge said 11 people were listed as defendants but each of the 1-8 count has 14 persons named who are supposed to take plea to these count.
“As of this morning, the 12-14 persons name on count 1-8 has not been served and also not in the court. So this amended charge should be struck out.”
He also aligned himself to the argument made by Marshal that the prosecution must fulfill and comply with section 216 and seek the leave of the court adding that the amended charge could not stand on nothing.
The judge after he had listened to the arguments of the parties involved in the case therefore granted the prosecution the leave just as he urged the defence counsels to raise their objections if there are any defects at the appropriate time.
Counsel to the 11th defendant, Deji Adeyanju prayed the court to admit his client, 11th defendant, to bail on liberal terms.
The judge also agreed to the application and admitted Daniel Akande to N10million bail with one surety in like sum.
The court also held that the defendant must submit his International Passport to the court.
The surety must swear an affidavit of means and must reside within the jurisdiction of the court.
He also granted the prayers of all the defence counsel and ordered that the defendants continued in the existing bail conditions.
He therefore adjourned to October 4 for ruling on variation of bail application for 3rd, 4th and 10th defendants and trial to November 11 respectively.
