A Federal High Court in Lagos on Friday, adjourned until May 13, for continuation of trial of two defendants – Uzoma Valentine lllomaya and Okelagu OsinachI Michael, over alleged drug trafficking charges.
The Court adjourned the case, after the Prosecution had applied to withdraw the charge against the Defendants.
In reaction, Defence Counsel, Mr Victor Opara (SAN), leading Chief Benson Ndakara and others, argued that the Prosecution cannot withdraw the charge at this stage, adding that the move appeared suspicious.
Recall that in a screaming publication on March 4, the NDLEA had alleged that the Defendant was arrested after being on the agency’s wanted list for 15 years.
During proceedings before Justice Musa Kakaki on Friday March 13, the Prosecutor, Mr Paul Awogbuyi informed the court that the Prosecution intended to withdraw the charge before the court.
In reaction, Defence Counsel, Mr Victor Opara (SAN) told the court that, in a matter concerning the Defendant before a brother judge, Hon. Justice Faji, the issue of the pendency of the charge before Kakaki J, is a very serious issue in contention.
He argued that allowing the withdrawal at this stage will overreach defence’s position before Faji j.
“It is so curious because the defendant has been attending trial since 2018 without fail.
“The trial has spanned through three different judges: namely Justice Saidu, Justice Awogboro and now Justice Kakaki.
“How can he be said to be on the run as claimed in the statement of the applicant.
“He was arrested in the court’s premises when this matter came up on the 23rd of February, 2026 contrary to the claim that he was arrested from where he was hiding.
“The record of the court will show that the statement is completely false.
“The prosecution wants to withdraw this charge, because they have seen our counter affidavit in the extradition proceedings pending before another court.
“We have put the records straight in that court,” he said
Defence counsel also argued tnat a court of competent jurisdiction cannot be adjudicating on a critical charge, and then the Defendant is arrested in court the same day he came before the court.
He argued that this was deposed to in the Defence’s counter affidavit which cannot be controverted by the Prosecution, adding that both Prosecution and Defence were in court for the trial on the day the Defendant was arrested.
“They wanted to quickly withdraw this charge because they have denied that there’s no charge anywhere which they know to be false.
“That is why we say no. They can’t withdraw this charge in order to cover their wrong doing; Nigeria is a sovereign nation whIch can not be subjected to sovereignty of another nation.
“There’s no urgency here for any earlier date; the court should not sit on appeal against its earlier ruling that adjourned the case to 13th of May.
“I urged the court to maintain its earlier date,” Opara said
After listening to the submissions of counsel, Justice Kakaki adjourned the case to 13th of May as earlier scheduled.
In its statement, the NDLEA had said that it arrested the Defendant who it said had been on the wanted list of the agency for over 15 years.
The agency said the Defendant was apprehended in Lagos on February 23, 2026, during a coordinated operation by officers of the agency’s Special Operations Unit.
Meanwhile, A certified true copy of court proceedings sighted by journalists, showed that the Defendants were first arraigned in 2019, and were rearraigned before Justice A.O Awogboro on Dec. 9, 2021 on an amended charge dated 14/1/2019
They had both pleaded not guilty to the charges and trial had commenced.
The court document also showed that the Defendant had largely been attending trials since arraignment
The case was later reassigned to Justice Musa Kakaki following the transfer of Justice Awogboro from the court’s jurisdcition.
The Defendants were again rearraigned before Justice Musa Kakaki and had also being consistently attending their trials until the first Defendant was rearrested in Court on February 23.
