Alex Enumah in Abuja
A Federal High Court sitting in Abuja on Monady fixed May 16 for ruling on a ‘no case’ submission by Charles Okah and Obi Nwabueze, who are standing trial for their alleged involvement in the 2010 Independence Day bombing at Eagle Square in Abuja where several persons lost their lives.
The trial judge, Justice Gabriel Kolawole, fixed the date after listening to counsel’s argument for and against the issue.
At the resumed hearing on Monady, counsel to the first defendant, Emeka Okafor, who stood in for Samuel Zibiri (SAN), informed the court that the defendant has filed a no case submission because the prosecution has failed to establish a prima facie case against him.
Okafor said the sole issue for determination before the court is to determine credibility of evidence leading to element of proof.
He therefore urged the court to dismiss the suit and discharge the defendant. “It is our final submission that Okah does not need to go through rigorous trial as the prosecutor has no evidence to prove any ingredient of offence he is charged with. We urge you my Lord to discharge him,” the counsel added.
Similarly, counsel to the second defendant, Oghenovo Otemu, while aligning himself with the submission of Okafor, submitted that the prosecution has not been able to link the defendant with the alleged offence he is charged with.
He said prosecution’s inability to link the second defendant with offences was fatal to the prosecution of his client, urging the court to uphold the no case submission and dismiss charges against the second defendant.
Responding, prosecution counsel, Alex Iziyon (SAN), asked the court to dismiss the no case submission by the defendants, saying the prosecution has been able to establish case against them.
Justice Kolawale, after taken submissions of counsel, adjourned till May 16 for ruling on the matter.
