Terrorism Case: Court Rejects Nwaukoni’s Bid to Retrieve Passport for Overseas Medical Trip

By Anne Azuka | Asaba

The Federal High Court sitting in Asaba has dismissed an application by Chief Mike Nwaukoni, the fifth defendant in an ongoing terrorism-related case, seeking the temporary release of his international passport to enable him travel abroad for medical treatment.

Nwaukoni is among several defendants, including Barrister Francis Okolie, Prince Eugene Ojo Izediunor, John Nwona, and Adigwe Eluemunor, who are standing trial in suit number FHC/ASB/18C/2024 over an alleged attack on the palace of the Ogwashi-Uku Kingdom during a New Yam festival two years ago.

The prosecution, led by counsel to the Inspector-General of Police, CSP Samuel Mallum, opposed the application at the resumed hearing on Thursday, arguing that the request was speculative, unsupported, and capable of undermining the administration of justice.

Mallum told the court that granting the defendant a 12-week travel window for medical care abroad could effectively stall proceedings and create an opportunity for abscondment, noting that substantial evidence had already been presented before the court.

He further argued that the duration of the proposed trip was sufficient for the defendant to seek asylum or even foreign residency, raising concerns about flight risk.

The prosecution also told the court that Nwaukoni failed to provide credible evidence of a medical emergency, hospital referral, or appointment confirming that treatment could not be obtained within Nigeria.

According to Mallum, the application appeared to be a disguised attempt to delay trial proceedings, especially as the only social engagement cited—a wedding—was scheduled for August 29, 2026, during the court’s vacation period.

He added that the request to suspend proceedings for nearly three months was suspicious and inconsistent with the principles of speedy trial under the Administration of Criminal Justice Act (ACJA) 2015.

The court was also reminded that the defendant’s passport had earlier been deposited as part of his bail conditions to ensure his attendance in court throughout the trial.

Meanwhile, an Investigating Police Officer (IPO), Inspector Lucky Egoh of the Nigeria Police Force, testified before the court, detailing findings from investigations into the alleged attack on the Ogwashi-Uku palace.

He told the court that the defendants were allegedly involved in mobilising a mob that stormed the palace despite warnings to desist.

According to his testimony, the incident resulted in injuries to several persons, vandalisation of vehicles, and widespread panic that disrupted public peace in the community.

The defence team, comprising over 15 lawyers, declined to proceed with cross-examination of the IPO due to the absence of one of their counsel.

After hearing arguments from both sides, the court rejected the defendant’s application for the release of his passport.

The case was adjourned to June 4, 2026, for continuation of trial.