Judiciary
A Federal High Court in Abuja on Monday, adjourned hearing until Jan. 2, 2025, in the application filed by a suspect Adun Adewale, who begged to retake his plea after pleading guilty to a charge.
Justice Emeka Nwite adjourned the matter after O.A Olaleye, who appeared for Adewale, prayed the court for a short adjournment to enable him serve the prosecution with their written address.
Olaleye attributed the delay in filing the application to his ill-health.
“I felt ill and that was why the application was delay. But I ensured that I filed this morning in order to ensure that we proceed,” he said, adding that he was only waiting for the bailiff to effect the service on the police.
The lawyer, therefore, sought a short adjournment.
Mr Victor Okoye, who appeared for the Inspector-General (I-G) of Police, did not opposed the application and the matter was subsequently adjourned until Jan. 2, 2025 for the parties to address the court on whether Adewale could retake his plea.
The News Agency of Nigeria (NAN) reports that drama ensued on Dec. 20 following Adewale’s application to retake his plea after pleading guilty to the two-count charge read to him.
The suspect, also known as “Coachbanter,” was arraigned before Justice Nwite on alleged cybercrime offence against the I-G, Kayode Egbetokun.
The I-G had, in the charge marked: FHC/ABJ/CR/634/2024, sued Adewale as sole defendant.
In the charge filed on Dec. 17 by A.A. Egwu, the defendant was alleged to have, sometime in 2024, intentionally sent video recording by means of computer system and network through his Tiktok username: “@brodabanter_backup_page” and handle “CoachBanter.”
Adewale was alleged to have said in the said video, “Police IG Egbetokun busted for colluding with notorious cartel moving cash from CBN (Central Bank of Nigeria) vault via Abuja, Lagos airport.”
The statement he knew to be false, “for the purpose of causing a breakdown of law and order.”
The offence is said to be contrary to and punishable under Section 24 (1) (b) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
In count two, he was also alleged to have sent a video through his Tiktok username accusing Egbetokun of victimising police officers to shield members of a cartel notorious for hauling suspicious new bank notes from the CBN.
The statement, which was said to be false, was contrary to and punishable under Section 24 (1) (b) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
After count one was read to Adewale, he pleaded guilty.
When the registrar read count two, the defendant said: “I pleaded guilty with reason.”
“What is the reason?” Justice Nwite asked.
Adewale explained from the dock that he saw the post somewhere and he forwarded it to his page.
His lawyer, Olaleye, therefore, prayed the court for a stand down in order to confer with his client.
Although Okoye opposed the application, the judge stood down the matter in the interest of justice.
After the court reconvened, Adewale’s lawyer told the court that he had discussion with his client and Adewale told him that he (defendant) did not understand the charge read to him.
Based on this premise, the lawyer prayed the court for the charge to be read again for his client to take his plea.
But Okoye vehemently opposed the application.
He argued that before Adewale took his plea, he was asked if he understood English Language and he responded in affirmative.
The prosecutor said besides, the defendant was represented by a lawyer.
He said the law is clear that when a defendant understands the charge read to him, it does not behove on the lawyer to persuade the defendant to change his plea.
Justice Nwite consequently adjourned the matter until today for the parties to address the court on the position of law in such instance. (NAN)(
30th December, 2024.
C.E.
Tags: O.A Olaleye
