The hearing of Justice Crack’s bail application was stalled yesterday at the Federal High Court in Abuja following a disagreement among members of his legal team over who should lead the defence.

The dispute led to the withdrawal of an earlier bail application filed on behalf of the activist, prompting the court to adjourn proceedings until Monday, May 18, for the hearing of a fresh application.

Speaking after the proceedings, one of the defence counsel, Femi Balogun, accused fellow lawyer Marshall Abubakar of frustrating the bail process after allegedly being prevented from leading the matter in court.

Balogun said the activist’s family had directed him to take over the case because he was senior at the Bar.

Despite the presence of other senior lawyers, Abubakar, who filed the original application, reportedly insisted on leading the defence. “I was with Marshall at the last sitting, but he is my junior. There were other senior counsels involved, yet he insisted on leading everyone,” Balogun stated.

He further alleged that Abubakar applied to withdraw the bail application because he was not allowed to lead proceedings, arguing that disagreements among lawyers should not hinder a defendant’s constitutional right to seek bail.
However, Abubakar defended his actions, saying he merely complied with the court’s directive after another lawyer unexpectedly announced appearance for the defendant.

He maintained that he had handled the matter from the outset and initiated efforts to secure the activist’s release.

Abubakar explained that the disagreement arose when another lawyer appeared in court without prior notice and sought to take over the case. “If another lawyer intends to take over a matter, professional ethics require him to first notify counsel already handling the case,” he argued.

He disclosed that Justice Crack’s wife had contacted him to represent the activist pro bono.

Despite the conflicting accounts, the court struck out the application following its withdrawal and adjourned the matter until May 18 for the hearing of a fresh bail application.

MEANWHILE, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), has taken over prosecution of the case from the Department of State Services (DSS).

Justice Crack was earlier remanded in prison custody over a viral social media video in which he allegedly criticised the feeding conditions of Nigerian Army personnel.

He was arraigned on cyber-related charges, including allegedly circulating false information capable of causing annoyance, ill will, and public hatred through his social media handle, contrary to the provisions of the Cybercrimes Act.