The bail hearing of Nigerian activist, Justice Chidiebere, was on Thursday stalled at the Federal High Court in Abuja after a disagreement among members of his legal team over who should lead his defence.
The confusion led to the withdrawal of an earlier bail application filed on his behalf, forcing the court to adjourn the matter to Monday, May 18, for the hearing of a fresh application.
Speaking with journalists after the sitting, defence counsel, Femi Balogun, accused another lawyer on the team, Marshall Abubakar, of frustrating the bail process after he was allegedly prevented from leading the case.
Balogun said he was instructed by the activist’s family to take charge of the matter because he is a senior lawyer at the bar.
According to him, Abubakar, who initially filed the bail application, insisted on leading the defence despite the presence of senior counsel.
He said, “Today the matter was supposed to be for the hearing of the bail application. However, I was directed by the family to lead in respect of the matter for today.
“I was with Marshall at the last court sitting, but Marshall is my junior. I’m a senior at the bar. There were some other senior counsels at the last time, but he insisted on leading everyone, even though in law, there’s seniority at the bar.”
Balogun alleged that Abubakar later moved to withdraw the bail application after being prevented from leading proceedings.
“But today, I insisted that I have to lead based on the fact that the family has directed me to lead. But Marshall, in his vindictive way, applied to strike out the bail application on the basis that he’s not leading, which is unfair,” he said.
He argued that internal disagreements among lawyers should not be allowed to affect the defendant’s liberty.
“Ordinarily, if he’s doing this for justice, for the interest of justice, I don’t see a reason, even if you are not the counsel leading, why you should withdraw the bail application you have filed for the person to enjoy his liberty,” Balogun added.
The court consequently struck out the application following the withdrawal request.
Balogun said a fresh bail application would be filed immediately and heard on the adjourned date.
“The court directed us to come back on Monday, May 18. We are going to file the bail application today, and the matter will be heard on Monday,” he said.
He also disclosed that the Director of Public Prosecutions, Rotimi Oyedepo, SAN, had taken over the prosecution from the Department of State Services, although there was no objection from the prosecution during the sitting.
According to reports, Justice Crack was earlier remanded in prison custody over a viral video in which he allegedly criticised the Nigerian Army’s feeding arrangements.
He was arraigned on charges bordering on cyber-related offences under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.
The case has sparked mixed reactions online, with supporters alleging an attempt to silence dissent, while authorities insist the charges are based on existing cybercrime laws.
