The Court of Appeal, Abuja, has ordered the immediate release of a 30-year-old Nigerian pharmacist, Solomon Akuma, who is standing trial on a trumped-up charge bordering on terrorism.
Akuma was arrested on April 2, 2020, in Abia State, for tweeting that he would “pay a Russian sniper to eliminate (President Muhammadu) Buhari and (Abba) Kyari (Buhari’s former Chief of Staff)” in response to a Twitter post asking “If $1m hits your account, your next move?”
The three-man panel in its ruling on Thursday ordered the Nigerian Correctional Services to release the man from custody after spending almost two years in illegal custody.
Also read: Nigerian Pharmacist Detained 300 Days Without Trial For ‘Criticising’ Buhari
Recall that Solomon had asked the trial judge Justice Folashade Giwa-Ogunbanjo of the Federal High Court, Abuja to withdraw from the case after being accused of bias.
He said he would not be able to get justice before the judge and he therefore asked the Chief Judge to re-assign the case.
While delivering her judgment on November 22, 2021, the trial judge had struck out the case against Solomon on the ground that it was defective and that there was no valid charge before the court.
She also held that the case was not diligently prosecuted.
However, the judge failed to order the discharge of the defendant from prison custody.
Folashade had on April 4, 2022, announced her withdrawal from the case through the court registrar who told Akuma’s lawyer, that the judge had withdrawn from the case and the case file would be returned to the Chief Judge for reassignment.
Her withdrawal was announced after she was accused of showing likelihood of bias against the defendant in a motion on notice marked FHC/ABJ/CR/97/2020 filed through the defence counsel.
The judge had on December 17, 2021 threatened to arrest and jail Solomon’s lawyer, Emmanuel Ukaegbu while ruling against the application for discharge of the defendant from the prison filed by Ukaegbu but granted the application for amendment of charge, which was filed by the prosecution.
The judge also made several attempts to force the defendant to take his plea even when the defendant insisted that he had not seen the amended charge.
The visibly angry judge threatened to arrest and jail the defence counsel in an open court for contempt following the ensued argument when Ukaegbu insisted that his client would not take the plea.
Solomon in a protest letter to the Chief Judge had said there were a lot of statutory and constitutional issues that had happened since the judge delivered her judgment in the matter which might not allow them to get justice in the case.
The letter had read, “That the refusal of the Honourable court to make the appropriate consequential order discharging and releasing me from custody led to my being illegally detained. That when I filed an application for my discharge and release.”
The Prosecution also filed an application to the Honourable court to vacate its Judgment and amend the charge already struck out.
“That this Honourable Court granted an amendment of already struck out charge and refused to discharge and/or release me from custody.
“That this Honourable Court deemed the Amended Charge filed on 29/11/2021 as properly filed and served.
“That my Counsel asked for an adjournment to enable him avail me the charge and prepare me to take my plea if need be but this Honourable Court refused the application for an adjournment in the first instance.
“That the Honourable Court ignored the application of the Defendant’s Counsel for adjournment and began to conduct the proceedings directly with me on 17/12/2021.
“The Honourable Court ordered that the Amended charge be read to me without the participation of my Counsel in the proceedings and on two occasions on 17/12/2021, the Court entered a plea of not guilty when I did not take plea.
“That the Honourable court reluctantly granted an adjournment for plea and continuation of the matter. The Certified True Copy of the proceeding of 17/12/2021 is attached as Exhibit SA3.
“That I do not have confidence in getting justice from this Honourable Court.”
