Omoyele Sowore, human rights activist and pro-democracy campaigner appears in court today.
In the court proceeding, the defendants' lawyer told the court that it was on Sunday
that Mr Falana called him to inform him of his being outside Nigeria in order
to hold brief for him.
The defence counsel maintained that they are not in a
position to take their plea today.
He argued further that the reason the arraignment cannot
take place today is that the defendants' appearance today is preceded by the
detention order by Justice Taiwo Taiwo.
The prosecutor said the matter is coming up for the first
time and there is no reason for excuse to delay the hearing.
The defence wonders how the prosecution is able to pre-empt
what he is saying. He said the court order is FHC/ABJ/CS/915 of 2019.
The lawyer argued that the matter is before the same federal
high court with suit No
FHC/ABJ/CS/915/2019 between the State
Security Service and Omoyele Sowore.
Sowore's counsel noted further that the same court made an
order that the respondent must be released forthwith and he must deposit his
passport to the court registrar. That Femi Falana should produce the respondent
when he (respondent) is notified.
Sowore's counsel argued that the prosecution breached the
order so under section 287 (3) 1999 as amended, the judge has a constitutional
duty to ensure that decisions of court are obeyed.
The counsel pointed out that the court is not a place to
choose which orders to obey or not, citing Amaju Pinnick Vs FGN.
Sowore's lawyer, Olumide Fusika (SAN) is currently
"pontificating to the bewilderment of the court".
Meanwhile, the prosecution insisted that today's business is
to arraign the first and second defendants who have been served with the charge
on September 20, 2019.
The prosecution said Femi Falana was in court with the first
defendant on 24 September 2019, arguing that the fact that the counsel to the
defendants is not aware of the charges filed against them is supicious.
He maintained that for the defendants not to take their plea
today would not be fair to the federal government.
He reiterated that the charges before the court are
treasonable felony and money laundering, noting that the defence counsel should be happy to take their
plea.
He said previous order was made and it is pending the arraignment and this is the arraignment. According to the prosecutor, the order did not have any life with the defendants in court, saying, "I urge your lordship to disregard the submission by the defence counsel and order that the defendants should proceed to take their plea."
Sowore's lawyer countered that the prosecution is misleading the court with dates presented to the judge. The defence maintained that the prosecution is misleading the court; that the bone of contention is that the defendants have not been allowed to see their lawyers since the charged was served.
According to him, the defence team learnt about the arraignment newspaper reports that they got the notice this morning Olumide Fusika reiterated that the DSS ought to obey the court.
He said previous order was made and it is pending the arraignment and this is the arraignment. According to the prosecutor, the order did not have any life with the defendants in court, saying, "I urge your lordship to disregard the submission by the defence counsel and order that the defendants should proceed to take their plea."
Sowore's lawyer countered that the prosecution is misleading the court with dates presented to the judge. The defence maintained that the prosecution is misleading the court; that the bone of contention is that the defendants have not been allowed to see their lawyers since the charged was served.
According to him, the defence team learnt about the arraignment newspaper reports that they got the notice this morning Olumide Fusika reiterated that the DSS ought to obey the court.
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