Abuja Court Warns Lawyers Against Delays in Trial Over DSS Operative’s Killing

The Federal High Court in Abuja has warned defence lawyers against delaying the trial of four suspects accused of kidnapping and killing 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 prosecution counsel, Munirat Oladunjoye, told the court that the case was scheduled for trial after the defendants denied the allegations against them. She also applied for permission to conceal the identities of prosecution witnesses under Section 232(3)(b) of the Administration of Criminal Justice Act (ACJA), 2015.

Counsel to the first and second defendants, Kelvin Ekwe, opposed the application, arguing that the prosecution had not shown why the witnesses’ identities needed to be concealed. He also said the request should be formally filed to allow the defence to respond. However, Justice Abdulmalik ruled in favour of the prosecution, noting that revealing the witnesses’ identities in a terrorism-related case could undermine the interests of justice.

The judge ordered that a prosecution witness be identified in court as “AB” and warned that anyone who violated Section 232(5) of the ACJA would be liable to a one-year jail term. The ruling was made as a measure to protect witnesses during the proceedings.

The defence lawyers subsequently renewed their requests for more time. Geoffrey Uwadiegwu, who represents the third and fourth defendants, said he had only recently taken over the case and needed time to study the file. Ekwe also said the prosecution had just served him with video evidence. The prosecution responded that the video would not be used during that day’s proceedings and urged the court to continue with the trial.

Justice Abdulmalik cautioned the lawyers against unruly conduct after both defence counsel attempted to address the court at the same time. She said the case was important and should be determined expeditiously, despite the court’s other obligations, including pending pre-election judgments.

The judge granted a short adjournment and warned the defence against any further actions that could delay proceedings. The case was adjourned until October 28.

The four defendants—Michael Okafor, also known as Onyechimeleze; Chinedu Chukwudozie, alias Kante; Chibunna Olisa; and Chigozie Olisa, also known as Ability—were arraigned on September 28 on a six-count charge involving alleged terrorism and kidnapping.

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 are also accused of taking the DSS operative hostage and causing his death during the alleged operation. Other allegations include membership of the proscribed Indigenous People of Biafra (IPOB) and its armed wing, the Eastern Security Network (ESN), as well as unlawful possession of firearms, including AK-47 and pump-action rifles. The allegations remain before the court, and the defendants are presumed innocent unless proven guilty.