A Federal High Court sitting in Asaba has rejected an application by Chief Mike Nwaukoni, the fifth defendant in an alleged terrorism case, seeking the temporary release of his international passport to enable him to travel abroad for medical check-up.
Chief Nwaukoni is standing trial alongside Barrister Francis Okolie, Prince Eugene Ojo Izediunor, John Nwona and Adigwe Eluemunor in suit number FHC/ASB/18C/2024 over the alleged attack on the palace of the Obi of Ogwashi-Uku during the kingdom’s New Yam Festival two years ago.
At the resumed hearing on Thursday, counsel to the Inspector-General of Police, CSP Samuel Mallum, opposed the application, describing it as speculative, unsupported and dangerous to the administration of justice.
Mallum argued that releasing the passport for a proposed 12-week foreign trip would effectively stall the criminal proceedings and expose the court to the risk of the defendant absconding.
The prosecution further submitted that the proposed 12-week stay abroad was long enough for the defendant to seek asylum or citizenship, especially as the prosecution had already presented most of its evidence before the court.
The court also heard that despite seeking permission to travel between June and August 2026, Chief Nwaukoni failed to provide evidence of any genuine medical appointment, referral, emergency treatment schedule or proof that the treatment could not be handled in Nigeria.
Mallum further argued that the application was a disguised attempt to delay the proceedings and an abuse of court process, noting that the only wedding referenced in the application was scheduled for August 29, 2026 — a period that falls within the court’s vacation.
According to the prosecution, the request to suspend criminal proceedings for nearly three months was highly suspicious.
The court was also reminded that the defendant’s passport was originally deposited as part of his bail conditions to ensure his attendance throughout the trial and prevent any possibility of escape.
Opposing the application, the prosecution relied on the provisions of the Administration of Criminal Justice Act (ACJA) 2015, stressing the need for speedy criminal trials and the continuous presence of defendants during proceedings.
Meanwhile, the Investigating Police Officer attached to the Delta State Police Command, Inspector Lucky Egoh, testified before the court on the findings of the investigation into the alleged attack on the Ogwashi-Uku palace.
