“Court Will Not Condone Attitude Of Absenting” — Judge Frowns At Khalid Al-Barnawi’s Lawyer For Failing To Appear In 13-Year Boko Haram Trial
A Federal High Court in Abuja yesterday frowned at the conduct of the lawyer to Mohammed Usman (also known as Khalid al-Barnawi), leader of Boko Haram dissident splinter group, Ansaru, and four other suspects, for failing to appear in court.
Justice Emeka Nwite, who expressed displeasure about the development, issued a final warning to the lawyer and defendants in the terrorism case to attend court unfailingly on the next hearing dates of September 5 and 12.
Usman is being prosecuted on terrorism-related charges along with other suspected members of his group – Mohammed Bashir Saleh, Umar Mohammed Bello (a.k.a Datti), Mohammed Salisu and Yakubu Nuhu (a.k.a Bello Maishayi).
They are, among others, accused of being members of a terrorist group called Jama’atu Ansarul Muslimina Fi Biladis Sudan (a.k.a ANSARU).
The defendants are also alleged to have conspired to carry out acts of terrorism between 2011 and 2013 in Sokoto, Kebbi, Bauchi, Borno, Gombe, and other states in the northern part of the country.
At the mention of the case yesterday, the prosecuting lawyer, Dr. Alex Izinyon (SAN), told the court that it was scheduled for continuation of proceedings in a trial-within-trial.
Izinyon averred that the first defendant (Usman) and his lawyer were absent. He said lawyers for two other defendants were also not in court.
The SAN noted that Usman’s lawyer, who claimed to be away in Enugu, had promised to send a representative, but failed to do so.
He expressed concern that the absence of the first defendant and his lawyers was unpleasant to the resolve by the court to accelerate the hearing in the nearly 13-year trial.
Izinyon said the absence of the defence lawyers without communicating with the court was disrespectful.
Lawyer to Bello and Nuhu (the third and fourth defendants), Abdulkarim Audu, also said the proceedings would have to be rescheduled in view of the absence of the first defendant and the defence lawyers.
Both lawyers urged the court to grant a short adjournment to enable the parties make progress in the case within the ongoing vacation of the court.
Ruling, Justice Nwite expressed displeasure over the absence of the first defendant and some of the defence lawyers.
Justice Nwite said: “It is unfortunate that this scenario is playing out when the effort is to ensure expeditious hearing of the matter.
“This court will not condone the attitude of the first defendant or any of the defendants in absenting themselves from the proceedings,” he said.
The judge directed lawyers to the parties to work together to address what informed the absence of the first defendant and other defence lawyers to prevent further delays in the case.
Justice Nwite adjourned till September 5 and 12 for the continuation of evidence of the third prosecution witness (PW3) and the playing of the videos in the trial within trial.
