Judge Cautions Court Witness Over Uncomplimentary Remarks to Defendants

A judge of the Federal High Court sitting in Asaba, Justice Olufunmilola Agbaje; has cautioned a prosecution witness, Emeka Nwaolisa, for making unguarded statements about defendants in a case of alleged terrorism, attempted murder and malicious damage at the resumed trial of the case.

The witness had, in the course of  his oral evidence, made Uncomplimentary remarks about the defendants which prompted the Presiding Judge to direct prosecution Counsel to call the witness to order and comport himself.

The Judge, who spontaneously berated the witness, asked him rhetorically whether he, the witness thought that he was talking to his “boys“ which immediately elicited instant apologies from both the prosecution and the witness. 

Led in evidence by the Prosecution Counsel, Samuel Malluum Esq, PW3 told the Court that he hailed from Ogwashi Uku and belonged to the Ogwashi-Uku palace vigilante, adding that he was deployed along with other security personnel, including the police to the Ogbenta palace on the 12th of October, 2023.

He further stated that on the faithful day he was positioned at the palace gate which was under lock and key and that he saw a large crowd of people numbering over two hundred marching towards the palace amongst whom were the Fifth defendant, Chief Mike Nwaukoni, the 4th defendant Mr Adigwe Elue , the 1st defendant, Barrister Francis Okolie and other defendants.

PW3 claimed that the defendants were armed with offensive weapons and that on the orders of the 5th defendant the other defendants started shooting and attempted to force their way into the palace which the security personnel resisted resulting in a chaotic situation.

According to him, the  gun shots allegedly shattered the windscreen of a Sienna vehicle and injured a vigilante member who had gone into the vehicle for safety . 

He also claimed that none of the security personnel on duty at the palace on the fateful day, including the police, was armed insisting that they went there bare handed.

Our judicial correspondent reports that midway into the oral evidence, a heated argument ensued between the defence lead counsel, Chief EFe Akpofure and Prosecution Counsel, Samuel  Malluum, over the failure of the later to avail the defence team with proofs of evidence, including the two statements by the witness. 

Chief Akpofure opposed the move by prosecution to tender the said  statements when the defence team had not been served, describing the act as an ambush orchestrated by prosecution to persecute rather than prosecute the defendants. 

Prosecution, however, denied the allegation attributing the delay to an unforeseen mix up and promised to avail the team with the documents, going forward.

The Presiding Judge, Justice Agbaje, in her ruling, expressed concern over the development and ordered that the defence team be served all necessary documents to facilitate the trial even as the two statements were admitted as exhibits .

During cross examination, PW3 admitted that he didn’t mention the names of any of the defendants in his first statement to the police dated 12th  October, 2023, blaming the IPO for not writing what he asked him to write in the statement.

PW3 also denied knowledge and significance of the events of 12th October 2023, which was Ineh festival celebrated by the people of Ogwashi-Uku, characterized majorly by dance procession, merry making, eating and drinking by the people of the community. 

Responding to another question, Mr Nwaolisa said he signed the statement even though the contents were not read to him after the IPO finished writing.

The witness, whose oral evidence contradicted his earlier statements to the police, informed the Court that he wrote the statement himself only to backtrack and blamed the IPO for not writing what he, the witness, told him to write even as he said he didn’t know the name of the IPO.

Mr Nwaolisa claimed that he mentioned the names of the defendants and the offensive weapons he allegedly claimed to have found with them on 12th of October, 2023, but expressed shock that they were not reflected in the statement.

During cross examination PW3, who claimed to be literate, could neither write nor read his statement when the Judge ordered him to do so, saying that he was not in the best frame of mind to do so because, according to him, he was on the hot seat in the witness box.

A member of the defence team, Professor Oludayo Amukaiye, SAN, drew the attention of the Court to the handwriting of the witness’s statement, insisting that while the body of the statement was written in blue ink, the signature and dates were written in black ink, raising suspicion and quoted relevant laws particularly section 101, subsection 2 of the evidence act to substantiate his point of law. 

The two statements by Emeka Nwaolisa dated 12th October, 2023, and 29th January, 2024, as well as a paper in which the witness had earlier written his name, were admitted in evidence and marked as exhibits. 

PW3 further admitted during cross examination that he was employed as a member of the Obi of Ogwashi Uku palace vigilante and paid by the traditional ruler of Ogwashi Uku. 

Before the Court adjourned to the 21 and 22 of April, 2026, the Presiding Judge, Justice Agbaje, reminded Prosecution Counsel, Samuel Mallum Esq; to ensure that the defence team was served proofs of evidence before the next adjourned date. 

The Five defendants, including the Iyase of Ogwashi Uku, Chief Mike Nwaukoni, the Secretary – General of Ogwashi Uku Development Association, worldwide, Mazi Adigwe Elue, a former Chairman of the NBA Ogwashi-Uku branch, Francis Okolie Esq; Prince Eugene Ojo Izediunor and Agidiase Youth President, Mr John Nwona; were all physically present in Court at the continued trial of the case marked  FHC/ASB/18C/24 .