Abuja, 14 May 2026 – Proceedings in Charge No. CR/473/2021, Federal Republic of Nigeria v. Chizoba Nnaemeka, involving allegations of rape and incest before Justice Abubakar Hussain Musa of FCT High Court No. 28, Apo, were adjourned to 14 July 2026 following extensive legal arguments between defence and prosecution counsel.
The matter came up for hearing on 14 May 2026 pursuant to an earlier order directing the defendant’s counsel, Chief Professor Ebosetale David Aigbefoh, Esq., to appear before the court.During the proceedings, defence counsel raised objections to several procedural issues. He argued that the court was addressing matters outside the record, particularly concerning the revocation of the defendant’s bail on 30 April 2026.
According to the defence, the revocation was based on allegations of witness interference involving a witness who had already testified as PW1 more than three years ago, and no evidence had been presented to establish a breach of the bail conditions.
Defence counsel also challenged the prosecution’s attempt to recall a witness, contending that no formal application had been filed to reopen the prosecution’s case as required under the Administration of Criminal Justice Act, 2015.Counsel further objected to the participation of Mr. Sylvanus Maliki, Esq., whom he argued was neither a member of the prosecution team nor an officer of any federal prosecuting agency.
He maintained that Mr. Maliki’s appearance alongside the lead prosecuting counsel, Mrs. Justina Maliki Esonu, Esq., during the proceedings of 30 April 2026 was inconsistent with established prosecutorial practice.The defence additionally highlighted what it described as other procedural irregularities during the proceedings and urged the court to confine itself strictly to matters properly before it.
The prosecution, however, maintained its position on all issues raised by the defence.After hearing submissions from both parties, Justice Musa adjourned the matter to 14 July 2026 for continuation of proceedings.In his remarks, Professor Aigbefoh stated that judicial officers are bound by the Code of Conduct for Judicial Officers and their oath of office, stressing that courts should avoid descending into the arena of litigation.
He urged that proceedings be conducted strictly within the confines of the law and the record before the court, rather than according to the “whims and caprices” of any party.The matter remains pending before the court, with further proceedings expected on the next adjourned date.