A Federal High Court on Wednesday fixed October 30 to hear an application for amendment of charges and arraignment of seven persons, charged with alleged terrorism acts.
Justice Okon Abang, fixed the date after the prosecution counsel, Shuiabu Labaran told the court that although the business of the day was arraignment, not all the defendants were in court.
The Federal Government had filed a three-count amended criminal charge against seven persons, alleged to have been involved in the 2017 killing of indigenes of Idumuje-Ugboko Community of Aniocha North Local Government Area of Delta.
The initial charge had involved three persons, but following a bench warrant issued by the Federal High Court, Abuja, four additional suspects were arrested and added to the charge.
The seven defendants were said to have connived with others in May 2017 to unleash terror on the community by burning houses and killed one Cyprian Kumaorun within the community.
The defendants as named in the charge are Nwochie Light, Aikhomo Omezi, Okey Ifejoku, Godwin Aniemeke, Nonso Omefe, Dennis Nwoko and Emeka Bidoku.
Earlier, Labaran said, ”due to the uncertainty on the roads, the correctional centre in Kuje was unable to produce the 1st and 2nd defendant in court.
“We are also in receipt of an affidavit of facts stating why the 3rd defendant is not in court.
“Considering the facts deposed to, we have no reason to counter it.
“However, we recall that this court did issue a bench warrant with effect on April 3 against some new suspects consequent upon which about four of them were arrested.
“This necessitated the prosecution to file further amended charges to bring them on the charge sheet.
“We therefore seek the leave of the court to amend the earlier charge,” Labaran submitted.
He, however, added that since all the defendants were not in court, rather than have the arraignments in piecemeal, the matter should be adjourned to allow all the defendants present in court for arraignment.
The counsel also prayed the court for an accelerated hearing of the matter since it was terrorism related.
Counsel to the 3rd defendant, M.O Omorogbe had earlier told the court that his client was unable to attend court because he was stuck in Asaba.
“My client informed me that he received a text from the airline he was scheduled to fly with on Tuesday that the flight had been cancelled because of the #EndSARS protest.
“We have filed an affidavit of facts demonstrating the 3rd defendant’s inability to be in court and we apologise as the situation is beyond our control,” the counsel said.
Counsel to the 2nd defendant, Prof. Agbo Madaki had also told the court that his client had fulfilled his bail condition and what was left was for the court to sign the release warrant to be sent to the correctional centre.
The News Agency of Nigeria reports that upon arraignment, the prosecution is expected to call 14 witnesses to give evidence during the trial.
One of the counts in the amended charge reads in part: ”That you, Nwochie Light, Aikhomo Omezi, Okey Ifejoku, Godwin Aniemeke, Nonso Omefe, Dennis Nwoko Alias Uwadiegwu and Emeka Bidoku Alias Onyeboundle of ldumuje-Ugboko Community, Aniocha Norih Local Government Area of Delta between May 18 and 25, 2017 at ldumuie-Ugboko Community, Aniocha North Local Government Area of Delta, within the jurisdiction of this court, did conspire with others still at large to commit acts of terrorism.
“You thereby committed an offence punishable under Section 17 of the Terrorism (Prevention) (Amendment) Act 2013.
“That you, Nwochie Light, Aikhomo Omezi, Okey Ifejoku, Godwin Aniemeke, Nonso Omefe, Dennis Nwoko and Emeka Bidoku of ldumuje-Ugboko Community, Aniocha North Local Government Area of Delta between May 18 and 25, 2017 at ldumuje-Ugboko Community, Aniocha North Local Government Area of Delta within the jurisdiction of this court, did commit an act of terrorism, in that you and others still at large participated in an attack on members of ldumuje-Ugboko Community and killed one Cyprain Kumaorun.
“You thereby committed an offence punishable under Section 1(2)(e) of the Terrorism (Prevention) (Amendment) Act 2013.”