The Federal High Court sitting in Asaba has dismissed an application by Chief Mike Nwaukoni seeking temporary release of his international passport to enable him travel abroad for medical examination.
The defendant is among several others including Barr Francis Okolie, Prince Eugene Ojo Izediunor, John Nwona and Adigwe Eluemunor who are standing trial in Suit No. FHC/ASB/18C/2024 over alleged attacks on the palace of Ogwashi-Uku Kingdom during a New Yam festival two years ago.
At the resumed hearing on Thursday, prosecution counsel, CSP Samuel Mallum, representing the Inspector-General of Police, opposed the application, describing the request as suspicious and capable of undermining the administration of justice.
Mallum argued that the defendant’s request to suspend proceedings for about 12 weeks was “highly suspicious,” “speculative, unsupported, and dangerous to the administration of justice,” insisting that granting it would effectively stall the criminal trial.
He further reminded the court that the defendant’s international passport was deposited as part of his bail conditions to ensure his attendance at trial and to prevent any risk of abscondment.
According to the prosecution, granting permission for a 12-week foreign trip would expose the court to the risk of the defendant fleeing justice, adding that such a timeframe could also be used to seek asylum or foreign citizenship, especially as the prosecution had already tendered substantial evidence.
Mallum also told the court that the defendant failed to provide any genuine medical appointment, referral letter, emergency treatment plan, or evidence showing that the alleged medical care could not be accessed within Nigeria.
He maintained that the application was a disguised attempt to delay proceedings and amounted to an abuse of court process, noting that the only event cited in the request — a wedding — was scheduled for August 29, 2026, during the court’s vacation period.
The prosecution relied on provisions of the Administration of Criminal Justice Act (ACJA) 2015, stressing the legal requirement for speedy trial and the continuous attendance of defendants in ongoing criminal proceedings.
Meanwhile, the Investigating Police Officer (IPO), Inspector Lucky Egoh of the Delta State Police Command, testified before the court on the findings of investigations into the alleged attack on the Ogwashi-Uku palace.
Egoh told the court that the investigation established that the defendants allegedly mobilised and led a mob that stormed the Obi’s palace despite repeated warnings.
He further testified that several persons were injured, vehicles were vandalised, and widespread panic engulfed the community, resulting in a breakdown of public peace.
Following the testimony, the defence team — comprising over 15 lawyers — declined to proceed with cross-examination, citing the absence of one of their counsel in court.
After listening to arguments from both sides, the court refused the application for release of the international passport.
The matter was subsequently adjourned to June 4, 2026, for continuation of trial.
The post “No Proof Of Foreign Medical Emergency” — Court Refuses Defendant’s Passport Request, Adjourns Palace Attack Trial To June 4 appeared first on TheNigeriaLawyer.
