Reminded in Kuje prison aa case adjourned till Tuesday 11am
Drama in court as Omoyele Sowore and lothers are charged to court by the Nigerian police with their (police ) assigned lawyers to represent the accused.
According to the court, the case is between them and the Commissioner of Police
JCA Idachaba is the lawyer heading the FCT command prosecution team with Adama Musa and DJ Emenike
The case is called and Sowore and others were been called in.
GOA Gule stood up that he is representing Sowore and co , but Sowore told the Judge he is not aware of this lawyer except Femi Falana and his chambers.
Sowore went further to say his lawyers have not been notified as he was not given the chance to call his lawyers as his phones are siezed by the police officers
The Judge has asked Gule and co to leave the court
Adachaba is saying now that no serious charge is before the judge that the issue of representation is necessary
But the prosecuting lawyer is defending that they should represent Sowore
They have agreed to step down but will remain as witness
That Sowore's lawyer was on AIT saying the court is sitting today that the case should go on
That the administration of criminal act abhors delay in criminal cases
That the judge should not mind Sowore's objection and allow Gule represent Sowore and can be changed later
Sowore insisted that the Police knows who his lawyers are but have failed to inform them
The Cooked up Charge*
1. Unlawful Assembly
2. Criminal Conspiracy
3. Incciting Public Disturbance
The Judge asked for 10mins to return into her chambers and rule on the matter
Marshal is in court now. But the judge is yet to step out
@YeleSowore and the Gudu 5 in court. Abubakar Marshall of the Falana Chambers just stormed the court. We are waiting for the judge to resume!
#FreeSowore
#FreeGudu5
#RevolutionNow
The name of the Judge is Taiye Mabel.
This is no longer look like drawing her ruling...but seem she has gone to take instructions
The Judge is here
Marshal tries raising observation but she says after her ruling
After her ruling.....how will that help?
She says having heard both sides on representation. She says based on the constitution, everyone charged for criminal matter be explained the case, have right to term for legal representative and have rights to lawyers of their choice.
She says Sowore also has d right to represent himself. And from his submission, all parties agrees that he was not properly represented.
She says Sowore and others need time, facility and access for the their phones to prepare.
Marshal introduces himself.
The presiding judgee asked Sowore to confirm Marshal as his lawyer
Now she hears Marshal
She has asked that the case starts all over as Marshal is now in court
The charges are read before Sowore and co
*The Cooked up Charge*
1. Unlawful Assembly
2. Criminal Conspiracy
3. Incciting Public Disturbance
They are asked to take their plea on the charge against them. Sowore and others all answered false except the 4th and 5th defendant who speaks hausa.
So here is the challenge for the judge who will now need get interpreter to translate the charge before they can take their plea
Ismail Salihu is now in the court room to interpret the charge
The interpretation is on now
They plead not guilty
Idachaba is up...he said in lieu of the plea by the defendants, the case is still under investigation and the defendants be remanded in custody or prison until the conclusion of investigation
He says this is to prevent them from continuing with the offence
Marshal is up
He says once a case is on before a judge even in a capital case, defendants are allowed bail. But what is before the judge is just a paper without evidence
The judge wants him to do it formally
So he asked she grants bail to them all
Marshal argues that it can be done verbally
He sighted Abiola's case as a verbal bail was verbal and self recognition
He shows the injury on Sowore inflicted by the police.
He speaks for the rest and says he is willing to stand for them on self recognisance and will produce them for the next court day. But should the judge reject the first lap of his application, she should be kind enough to sit tomorrow so we come before her for the bail
Idachaba is up....he urge the court to dismiss the application. He says all citations put forth by Marshal cause the offense before the court carries the penalty of 3 years and above. That they are not offences that bail can be granted without raw facts for consideration. That all they have said are genuine and that the defendants may temper with investigation. He says they will run and not body is willing to stand as surety for them.
That they should be remanded in prison
Marahal raised that the 3rd defendant is a law student and is suppose to resume school today
The judge says that is interesting and intruding
She is putting forth her ruling on paper.
She rules.....that all charges are bailable and it's a free right except if the defendant is likely to evade trial or commit same offence. But she wants the application formal and brought before her withn the next 24hrs
Tomorrow 11am
She says she will listen to it tomorrow
Idachaba says they will also need 48hrs to respond but she orders 24hrs
There is an argument on where they be remanded
The prosecution wants prison
The judge says she recommends a decent facility for the defendants
She suggest Wuse police station
Idachaba refuses
He said he is scared so Sowore will not be harmed in their facility and prefers prison
The judge tried reaching the DPO in Wuse on phone but not reachable
She bends to write again
She pronounce that Sowore and co be taken to Kuje Prison pending hearing of their bail application.
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