Omon-Julius Onabu in Asaba
The Federal High Court sitting in Asaba has rejected an application by Chief Mike Nwaukoni, the fifth defendant in a terrorism suit, seeking the temporary release of his international passport to enable him travel out of the country for medical checkup .
The defendant is one of the defendants in the suit, including a lawyer, Mr. Francis Okolie, Prince Eugene Ojo Izediunor, John Nwona, Adigwe Eluemunor, who are standing trial in the case with Suit Number FHC/ASB/18C/2024, for allegedly attacking the palace of Ogwashi-Uku Kingdom during the community’s new yam festival two years ago.
In an opposition filed by counsel to the Inspector General of Police, CSP Samuel Mallum, at the resumed hearing of the case on Thursday, the prosecution argued that the application was speculative, unsupported and dangerous to the justice administration process.
He warned that releasing the passport for a proposed 12-week foreign trip would effectively suspend the criminal proceedings and expose the court to the risk of the defendant absconding.
The prosecution specifically argued that the 12 weeks period is sufficient to seek asylum or citizenship particularly as the prosecution has laid out most of the evidence before the court.
The court heard that despite seeking permission to travel from June to August 2026, Chief Nwaukoni failed to produce any genuine medical appointment, referral, emergency treatment schedule, or evidence showing that any treatment could not be handled in Nigeria.
Prosecuting counsel, Samuel Mallum also argued that the application was merely a camouflaged attempt to delay proceedings and an abuse of court process pointing out that the only wedding referenced in the application was scheduled for August 29, 2026, a period of the court’s vacation .
He stated that making the request to suspend criminal proceedings for nearly three months is highly suspicious.
The court was also reminded that the defendant’s passport was originally deposited as part of his bail conditions to secure his attendance at trial and prevent any possibility of escape.
Opposing the application in its entirety, the prosecution relied heavily on the provisions of the Administration of Criminal Justice Act (ACJA) 2015, emphasising the legal obligation for speedy criminal trials and the continuous presence of defendants during proceedings.
Meanwhile, the Investigating Police Officer (IPO) attached to the Delta State Police Command, Inspector Lucky Egoh testified before the court regarding the findings of the investigation into the attack on the Ogwashi Uku Palace which forms part of the charges before the court.
According to the IPO’s testimony, investigations confirmed that the defendants allegedly summoned and mobilised the mob that stormed the Obi’s Palace despite repeated warnings not to do so.
According to him, several persons were seriously wounded, vehicles vandalised while panic and fear spread across the Ogwashi-Uku community leading to breakdown of public peace .
The defence team consisting of over 15 lawyers declined to proceed with cross-examination of the IPO after the testimony because one of them was absent in court.
The court after hearing the counsel arguments declined the request of the defendant for the release of the passport .
Meanwhile, the matter was subsequently adjourned to June 4, 2026, for continuation of trial.
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