Justice Binta Nyako of the Federal High Court in Abuja on Monday threatened to strike out terrorism charges brought against four defendants who allegedly kidnapped and killed the traditional ruler of Amanze-Obowo autonomous community in Imo state, Eze Basil Njoku.

The threat by Justice Nyako followed the absence of the Attorney General of the Federation (AGF) Lateef Fagbemi SAN in court to lead the prosecution of the defendants.

Although the four defendants were billed for arraignment by 9.am, the judge was forced to shift it till 12noon due to the non-appearance of the AGF or his representatives in court.
The four defendants are Jude Iheme and Chika Madukwe, Nwokorie Chidiebere Ejike and Victor Nwajuiba Obumneke.
The three counts earlier slammed against them have been increased to five in the amended charges.

Galaxy tv reports that by 12noon, when the arraignment was to hold, neither the AGF nor his representative still appeared in court without any information or communication to the court.
The situation prompted the judge to invite lawyers to the defendants into her chambers where an adjournment of April 30th was fixed.

Although lead counsel to the defendants, Solomon Akume SAN had applied for dismissal of the terrorism charges against the defendants, Justice Nyako opted to give the the AGF another chance to lead a diligent prosecution
The judge however held that in the event of the AGF or his representatives not appearing in court on the adjourned date, the court may have no option than to strike out the charges against the defendants for want of diligent prosecution.

At the March 20 last adjourned date, the AGF represented by David Kaswe, a lawyer from the Federal Ministry of Justice had taken over the prosecution of the defendants from the Inspector General of Police IGP who intially initated the trial of defendants
Kaswe had told the judge that the AGF invoked section 174 of the 1999 Constitution and section 105 of the Administration of Criminal Justice Act (ACJA) to assume trial of the defendants

The AGF’s office at the last adjourned date told the court that the IGP had been directed to make the case file available to his office.
However at today’s proceedings, neither the AGF nor David Kwase and a Senior Advocate of Nigeria (SAN) Simon Lough who was prosecuting the trial for the Inspector General of Police was in court, despite been served with hearing notice.

Meanwhile Justice Nyako has ordered that fresh hearing notice for April 30th arraignment of the four defendants be served on the AGF.