Lawyer Seeks Transfer Of Case For Detained Nursing Mother of Newborn Twins, Cites Bias By Justice N.K. Nwosu-Iheme

Lawyers representing three defendants charged with criminal conspiracy and theft have petitioned the Chief Judge of the FCT High Court to reassign both a fresh bail application and the entire case to different judges.

The defendants, Rukhayat Usman Abbeyson, Lauretu Ahmed, and Sagir Ahmed, are standing trial in case number CR/394/24 before Justice N.K. Nwosu-Iheme of FCT High Court 52 Wuse Zone 2.

In a letter dated July 26, 2024,obtained by TheNigeriaLawyer, the defendants’ counsel, M.I. Dikko & Associates, allege that Justice Nwosu-Iheme had exhibited bias against the defendants even before their arraignment on July 17, 2024. According to an affidavit in support of the application, the third defendant reported that during an earlier court appearance on June 4, 2024, the judge, while inquiring about the absence of the first and second defendants, stated: “Are these not the people that stole gold worth 300,000,000 (Three Hundred Million Naira) and there is a voice recording of them confessing to it, is that why they are running away from court?” The lawyers argue that this comment demonstrates a predisposition of guilt and violates the constitutional presumption of innocence.

Following the defendants’ not guilty plea during their arraignment, a bail application filed on their behalf was heard on July 17, 2024, with the ruling delivered on July 19, 2024. In refusing bail, the court held that the defendants had not placed sufficient facts before it to warrant the exercise of discretion in their favor. The court also noted the absence of medical evidence regarding the second defendant’s alleged ill health.

However, the defendants’ counsel contend that new facts and evidence have emerged that necessitate a fresh bail application. According to an affidavit deposed to by Julius Dajong Swarlat, a litigation secretary in the law firm representing the defendants, the first defendant is a nursing mother who delivered twins through cesarean section on February 13, 2024. Medical reports confirm that she requires regular hospital visits to ensure proper healing. The twins, who are solely dependent on breastfeeding, are currently being cared for by the first defendant’s heavily pregnant sister, who is finding it challenging to cope.

The affidavit further reveals that the second defendant, mother to the first and third defendants, is an elderly woman with eye problems and other health issues, while the third defendant is an asthmatic patient prone to attacks. Both have had to be rushed to the hospital while in custody due to the severity of their conditions, as evidenced by attached medical reports.

The lawyers argue that these new facts warrant the court exercising its discretion to grant bail, further noting that the defendants fully complied with previous bail conditions granted by the Upper Area Court Karu where charges were first filed. The defendants did not jump bail, interfere with witnesses, or engage in any other misconduct while on bail, demonstrating their reliability.

Citing relevant case law and constitutional provisions, the defendants’ counsel assert that the court has the power to grant bail for non-capital offenses and emphasize the need to balance the constitutional presumption of innocence and right to personal liberty with the severity of the alleged offenses.

Given the new circumstances and the allegations of bias against the current presiding judge, the defendants are seeking the intervention of the Chief Judge of the FCT High Court. They request that the fresh bail application be assigned to a different vacation judge and that the entire case be transferred to any neutral judge for trial in the interest of justice and fair hearing.

Meanwhile, the International Federation of Women Lawyers (FIDA) Nigeria is advocating for justice in the case of Rukhayat Usman Abbayson, a nursing mother separated from her newborn twins due to ongoing legal proceedings.

Rukhayat, who gave birth to twins via C-section on February 13, 2024, was arrested along with family members on allegations of theft by her former employer. She is currently being held at Suleja Correctional Center, where her four-month-old twins are brought daily for breastfeeding.

FIDA Nigeria has raised concerns about the police investigation, detention conditions, and the welfare of Rukhayat’s children. The organization reports that both Rukhayat and her brother have experienced medical emergencies while in custody.

Calling for intervention, FIDA Nigeria has appealed to the Inspector General of Police to review the case and to the Chief Judge of the Federal Capital Territory to ensure a fair hearing. The organization emphasizes the need to prioritize the children’s welfare in accordance with the Child Rights Act 2003.

FIDA Nigeria continues to seek justice for Rukhayat and her children, urging swift action from authorities to address what they view as a miscarriage of justice.