The Judge is on seat now and The case is been called now. 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.
GOA Gule stood up that he is representing Sowore and the other comrades but Sowore told the Judge he is not aware of this lawyer except Femi Falana & his chambers. Sowore went further to say his lawyers have not been notified as he was not given the chance to call his lawyers
He claimed his Phones were seized The Judge has asked Gule and co to leave the court. But the prosecuting lawyer is defending that they should represent Sowore. The Judge turned them down and asked they leave.
They have agreed to step down but will remain as witness. Adachaba is saying now that no serious charge is before the judge that the issue of representation is necessary That the judge should not mind Sowore's objection and allow Gule represent Sowore and can be changed later
That the administration of criminal act abhors delay in criminal cases, That Sowore's lawyer was on AIT saying the court is sitting today that the case should go on. Sowore insisted that the Police knows who his lawyers are but have failed to inform them.
The Judge asked for 10mins to return into her chambers and rule on the matter.
The Judge is here and Marshal from Falana Chambers tries raising observation but she(The Judge) says after her ruling.
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 time for legal representative and have rights to lawyers of their choice.
She says Sowore also has the 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 to their phones to prepare.
She says Sowore and others need time, facility and access to their phones to prepare.
She 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. Marshal introduces himself. The charges are read before Sowore and co. #FreeSowore
The Cooked up Charges are
1. Unlawful Assembly
2. Criminal Conspiracy
3. Insiting Public Disturbance.
1. Unlawful Assembly
2. Criminal Conspiracy
3. Insiting 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 go get interpreter to translate the charge before they can take their plea
So here is the challenge for the judge who will now go 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.
The Other Hausa speaking guys pleaded 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.
Idachaba says this is to prevent them from continuing with the offence. Sowore's Lawyer 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.
Marshal has asked she(Judge) grants bail to them all, but She wants Marshall to do that Formally. 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 (Marshall) 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. #FreeSowore
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. #FreeSowore #FreeSoworeNow
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 yrs and above. That they are not offences bail can be granted without raw facts for consideration.
That all they have said are genuine and that the defendants may tamper with investigation. He says they will run and nobody is willing to stand as surety for them.
That they should be remanded in prison.
That they should be remanded in prison.
Marshal 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 while we We wait!
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. #FreeSowore
Idachaba says they will also need 48hrs to respond but she orders 24hrs. #FreeSoworeNow
There is an argument on where they will be remanded, The prosecutor wants prison, The judge says she recommends a decent facility for the defendants.
She suggest Wuse police station, but Idachaba has refused. 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. #FreeSowore #FreeSoworeNow
She pronounced that Sowore and co be taken to Kuje Prison pending hearing of their bail application.
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