The Federal High Court in Abuja has cautioned defence lawyers against further delays in the trial of four men accused of kidnapping and killing a Department of State Services (DSS) operative, Ekpeyong Asuquo Owoh.
Justice Joyce Abdulmalik issued the warning on Wednesday after lawyers representing the defendants requested an adjournment, saying they were not ready to proceed with the trial.
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 28 September on a six-count charge bordering on terrorism and kidnapping. All four pleaded not guilty to the allegations.
The prosecution alleges that the defendants conspired to commit acts of terrorism and abducted Owoh while he was travelling from Port Harcourt, Rivers State, to Awka, Anambra State. They were also accused of holding the DSS operative hostage and subsequently killing him.
The suspects were further accused of belonging to the proscribed Indigenous People of Biafra (IPOB) and its armed wing, the Eastern Security Network (ESN), as well as unlawfully possessing firearms, including an AK-47 rifle and a pump-action gun.
During Wednesday’s proceedings, prosecuting counsel Munirat Oladunjoye asked the court for permission to conceal the identities of prosecution witnesses under Section 232(3)(b) of the Administration of Criminal Justice Act, 2015.
However, Kelvin Ekwe, counsel to the first and second defendants, opposed the request. He argued that the prosecution had not demonstrated how disclosing the witnesses’ identities would prejudice its case and maintained that the application should be formally filed to allow the defence to respond.
Justice Abdulmalik upheld the prosecution’s request, ruling that revealing witnesses’ identities in a terrorism-related case would not serve the interest of justice. She directed that a witness be identified by the code name “AB” and warned that anyone who violated the relevant provisions of the law could face a one-year jail term.
The proceedings were subsequently delayed after Geoffrey Uwadiegwu, who represents the third and fourth defendants, said he had only recently taken over the case and needed time to study the case file.
Ekwe also told the court that he had just received video evidence from the prosecution and was not prepared to proceed. The prosecution, however, argued that the footage would not be used during that day’s proceedings and urged the court to continue with the trial.
The judge stressed the importance of expeditiously determining the case, despite the court’s demanding schedule, and warned the defence against actions capable of frustrating the proceedings.
Justice Abdulmalik eventually granted a short adjournment and fixed 28 October 2026 for the commencement of the trial.
The allegations against the defendants remain before the court.
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