Following the news reaching us from Daily Independent..
.
The Federal Government has filed a counter motion before the
Federal High Court, Enugu, opposing the bail application brought by 11
members of Biafra Zionist Federation (BZF) who are facing trial before
the Court for treason and other related criminal acts.
The accused persons are the BZF leader, Ben Onwuka; Ndubuisi Nnamchi,
Kelvin Eke, Japhet Nwodo, Fidelis Nwonu and Paulinus Uzoegbu.
Others were Sunday Chukwuma, Uduma Uduma, Betrand Obiekwe, Abraham Ugwu and Ijaga Sampson.
Justice D.V. Agishi of the Federal High Court, Enugu, had on November
19 remanded the 11 accused persons in prison custody after they were
arraigned before her court on a four-count charge of treason, conspiracy
and attempt to secede from Nigeria.
All the accused persons were in court on Tuesday on prison uniforms,
while there was very heavy security presence within and outside the
court premises as well as the entire vicinity.
At the resumption of the trial, the Zonal Legal Officer, Federal
Ministry of Justice, E.E. Nwokoro, who represented the prosecutor, said
at the last adjourned date, the Attorney General of the Federation
received an application for the bail of all the accused persons.
Nwokoro said Senior State Counsel from the office of AGF, D.E. Kaswe,
who is personally prosecuting the matter, filed a counter-affidavit
against the bail of the accused persons.
He said the motion was not ripe for hearing as it was just filed on
Monday as the defendants time for reply on point of law was still
running.
Reacting, Counsel to the defendants/accused persons, Olu Omotayo,
said he has not been served with any counter-affidavit against the bail
application, as he was just hearing it for the first time.
Omotayo asked the court for a short adjournment to enable the defence
to look at the counter- affidavit and reply, so that the motion would
proceed.
There was, however, a mild drama in court when Nwokoro said that the
prosecutor (Kaswe) directed him to suggest a date next year for hearing
of the pending motions.
Irked by the request by the prosecutor for a date next year, Omotayo
angrily replied: “This is not his personal matter. It is Federal
Government matter. It is treason. These people have been in detention
for six months. This is a ploy to delay their bail application.”
After hearing the arguments of the prosecution and defence, Justice
Agishi adjourned the matter to December 18 for hearing of the bail
application.
Meanwhile, Justice Agishi on Monday granted an application for the
withdrawal of a fundamental rights case earlier instituted by the
accused persons before the court.
Omotayo had applied for the withdrawal of the fundamental rights case as the accused persons have been brought to court.
He said since the accused persons have been brought to court, the case was no longer necessary.
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