The trial of five suspects arrested in connection with the burning of the Rivers House of Assembly on Dec. 29, 2023, could not proceed on Tuesday in a Federal High Court, Abuja.
Justice Mobolaji Olajuwon adjourned the trial until March 19 following information by a counsel to two of the defendants, Mr Lukman Fagbemi, SAN, that the prosecution filed a counter affidavit that raised serious allegations against his clients.
Fagbemi told the court that he had filed a motion on notice, challenging the competence of the charge and the territorial jurisdiction of the court to hear the matter.
He told the court that though the Inspector-General (I-G) of Police responded to his motion through a counter affidavit that raised grievous allegations against his clients, he was just being served in the open court.
The senior lawyer said he would need more time to study the process and respond appropriately.
I-G’s lawyer, Mr Aliyi Garba, admitted that he served the counter affidavit opposing Fagbemi’s application in the court.
Justice Olajuwon, equally, discovered that a copy of police counter affidavit was not in the court file.
She consequently adjourned the matter until March 19 for continuation of trial.
The five defendants are loyalists of Gov. Siminalayi Fubara of Rivers, who were on Jan. 25 arraigned on seven-count bordering on terrorism and murder.
They are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod.
The judge had, on Feb. 5, declined to admit them to bail on the ground that they did not provide special circumstances to warrant their respective release from remand at the Kuje Correctional Centre.
They were alleged to have invaded, vandalised and burnt down Rivers assembly on Dec. 29, 2023 in the charge marked: FHC/ABJ/CR/25/2024 preferred against them by the I-G.
