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The Attorney General of the Federation (AGF), Prince Lateef Fagbemi, SAN and Emeka Etiaba, SAN have disagreed on the plan to discontinue the trial of two brothers – Kingsley Ogbenna and Monday Ogbenna – over terrorism-related offences.
The AGF had issued a fiat to Etiaba to prosecute the 10-count amended charge, marked: FHC/ABJ/CR/113/2023. But, midway into hearing in the case, the office of the AGF filed a motion to withdraw the case.
The motion was heard and ruling was scheduled for November 13. But, when the case was called on the said date, lawyers from the office of the AGF and Etiaba’s law firm disagreed on how the case should proceed.
When the matter was mentioned, Ndidi Ukoha, who said she was from the office of the AGF announced appearance for the prosecution.
While she was about to take her seat, another lawyer, Francis Madubuko, who said he was holding the brief of Etiaba, SAN also announced appearance for the prosecution, while Ojonimi Apeh appeared for the defence.
On noticing that two lawyers announced appearances for the prosecution, the trial judge, Justice Peter Lifu sought to know what was wrong.
In his response, Ukoha told the court that the state was interested in the case, even though a fiat was earlier issued for the prosecution of the case and urged the court to proceed with the business of the day and discountenance the appearance of Madubuko.
Although Apeh aligned with Ukoha, Madubuko objected to the court reading the ruling on the AGF’s motion to discontinue the case.
Madubuko said: “I have the instruction of my principal, who has the fiat of the AGF. I cannot wait and pre-empt the court on its ruling.
I was instructed by my principal that there is a new development which may one way or the other affect the court’s proceedings today.
“The counsel from the AGF’s office has an information for the court, which the court should hear first before the ruling,” he said.
Madubuko said Etiaba reached out to the AGF as he had promised and that there was an information the lawyer from the AGF office needed to pass to the court.
Rather than provide any information as claimed by Madubuko, Ukoha urged the court to ignore what the lawyer from Etiaba’s office said and proceed to deliver the ruling.
On his part, Apeh noted that the case was scheduled for ruling and urged the court to proceed with the business of the day, which was a ruling on the AGF’s motion for withdrawal filed on November 6.
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At that point, Justice Lifu asked Ukoha if the fiat issued to Etiaba by the AGF has been withdrawn. In response, Ukoha said it has not been withdrawn.
Ruling, Justice Lifu elected to suspend the delivery of the earlier reserved ruling on the motion to withdraw the charge and added that, it would be neater and better for the receiver of fiat to resolve the issue with the donor of the fiat.
The judge said he knew both the AGF and Etiaba, who he described as responsible members of the Bar and held that, “The ruling is adjourned for the parties to resolve the perceived differences and withdraw the fiat if need be”.
He then adjourned till November 22 for either ruling or hearing of the charge and ordered the Comptroller of Prison to present the defendants on the said date.
Some counts in the charge reads, “That you, Kingsley Ogbenna, Monday Ogbenna and Kayce Innocent Ogbonna (now at large), between the Month of August and November 2022 at Area 10 Garki, Abuja and Suleja Correctional Center, did, while in communication with several GSM phone numbers, directly and willingly received funds with the knowledge that it will be used in full to commit an offence of terrorism, and thereby committed an offence contrary to Section 21(1)(b) and punishable under Section 21(2Xa) of the Terrorism (Prevention And Prohibition) Act, 2022, Laws of the Federation of Nigeria.
“That you, Kingsley Ogbenna, Monday Ogbenna and Kayce Innocent Ogbonna (now at large), between the Month of August and November 2022 at Area 10 Garki, Abuja and Suleja Correctional Center, did conspire amongst yourselves to commit an act of terrorism, via several GSM Phone Numbers, to wit; intentionally attempt to seize or take hostage of Chief Emeka Ujagba and other persons in his vehicle in order to compel Chief Emeka Ujagba and his company known as Surelife Pharmaceutical Ltd to abstain from a lawful act of prosecuting a $22 million criminal case, and thereby committed an offence punishable under Section 26(1) of the Terrorism (Prevention And Prohibition) Act, 2022, Laws of the Federation of Nigeria.
“That you, between the Month of August and November 2022 at Area 10 Garki, Abuja and Suleja Correctional Center, did intentionally threaten to kill Chief Emeka Ujagba, by drive-shooting/firing gun shots at his vehicle while on motion, in order to force the said vehicle to a halt, in the bid to compel Chief Emeka Ujagba and his company known as Surelife Pharmaceutical Ltd to abstain from a lawful act of prosecuting a $22 million criminal case, and thereby committed an offence contrary to Section 24(1)(b) and punishable under Section (2)(3) of the Terrorism (Prevention And Prohibition) Act, 2022, Laws of the Federation of Nigeria”.
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