Court sets May 25 for continuation of trial

The Federal High Court sitting in Abuja has granted bail to social media commentator, Justice Chidiebere, popularly known as “Justice Crack,” in the sum of five million naira (₦5 million), with one surety in like sum. The bail was secured through his new lawyer, Sam Amadi.

Marshall Abubakar, counsel to activist Omoyele Sowore and former lawyer to the defendant, was visibly absent throughout the proceedings following his disengagement by Justice Crack.

Justice Joyce Abdulmalik, while ruling on the bail application, imposed several conditions to be fulfilled before the bail can be perfected.

The court held that the surety must reside within the court’s jurisdiction at a fixed and verifiable address for at least four years. The surety is also required to submit proof of residence, either through a tenancy agreement or a Certificate of Occupancy, to the court registry.

Additionally, the surety must be a federal civil servant not below Grade Level 15 and provide evidence of at least three months’ salary payments, a letter of authentication from the immediate head of department, and proof of pensionable employment. The surety is further required to depose to an affidavit of means and submit a recent passport photograph to the registry.

As part of the bail conditions, the defendant was ordered to deposit his international passport with the court pending the determination of the case.

Earlier in the proceedings, prosecution counsel, M.L. Aboye, informed the court that the prosecution was ready to commence trial. The first prosecution witness, identified as Oronto Douglas, a Department of State Services (DSS) operative, subsequently testified before the court.

The witness stated that he became acquainted with the defendant during investigations after being transferred from the Nigerian Army Intelligence Corps to the DSS.

He told the court that the defendant voluntarily made an extra-judicial statement, which was recorded in the presence of lawyers from the Legal Aid Council.

According to the witness, some soldiers allegedly sent pictures to the defendant, who then converted them into videos and posted them on social media without verifying their authenticity with military authorities.

He further disclosed that investigators conducted a forensic examination of the defendant’s mobile phone, extracting videos allegedly posted online, conversations between the defendant and some soldiers, chats with a supposed godfather allegedly discussing protests, as well as content from his various social media platforms.

The witness added that a certificate of compliance was issued and signed by a superior officer upon completion of the forensic analysis.

Counsel to the defendant, Sam Amadi, however, informed the court that the defence had not been served with the investigation report and other documents the prosecution intended to tender as exhibits.

Responding, the prosecution described the omission as an oversight and apologised to the court.

Justice Abdulmalik subsequently admitted the DSS investigation report as Exhibit A.

The prosecution also tendered an iPhone allegedly recovered from the defendant, a flash drive said to contain videos posted on social media platforms, conversations extracted from the device, and the certificate of compliance.

The defence, however, objected to the admissibility of the flash drive, arguing that its contents had neither been described nor played before the court for proper evaluation.

Justice Abdulmalik thereafter adjourned the matter until May 25 for continuation of trial.