AGF takes over Justice Crack’s trial as counsel dispute stalls bail hearing

The Attorney-General of the Federation (AGF) has taken over the prosecution of Chidiebere Mark, popularly known as Justice Crack, as a dispute among members of the defendant’s legal team stalled proceedings on his bail application at the Federal High Court in Abuja on Thursday.

Justice Joyce Abdulmalik consequently struck out the pending bail application and adjourned the matter to May 18 for hearing of a fresh application to be filed by the defendant’s newly appointed counsel.

Mark, a social media influencer, is facing a three-count charge instituted by the Department of State Services (DSS) over alleged cybercrime offences linked to a viral video in which he claimed Nigerian soldiers were poorly fed.

The Federal Government accused him of disseminating false information capable of inciting public unrest through his X handle, @JusticeCrack.

At the resumed hearing, Leyii Abueh, counsel from the Federal Ministry of Justice, informed the court that the AGF had formally taken over prosecution of the case from the DSS.

Proceedings, however, took a dramatic turn after two lawyers Marshall Abubakar and Femi Balogun  separately announced appearances for the defendant.

Balogun told the court he had been briefed by Mark’s family to assume responsibility for the defence and intended to adopt the existing bail application already before the court.

Abubakar, who previously represented the defendant and filed the application, maintained that he had not been formally disengaged.

Justice Abdulmalik subsequently directed the defendant to identify his preferred counsel, after which Mark indicated Balogun.

Following the development, Abubakar applied to withdraw all processes filed by him, including the pending bail application. The court granted the request and struck out the applications.

Addressing journalists after the proceedings, Abubakar denied claims that he voluntarily withdrew the bail application, stating that the decision followed the court’s recognition of a new counsel for the defendant.

He disclosed that his law firm, Marshall Attorneys, had earlier written to the Presidency and the AGF seeking Mark’s release before charges were eventually filed.

According to him, the legal team handled the matter on a pro bono basis, including filing and serving court processes.

Abubakar also suggested that disagreements within activist circles may have contributed to the change in legal representation, alleging that some individuals were uncomfortable with perceived links to social media personality VeryDarkMan.

“I think some people felt another lawyer should proceed with the matter because they did not want VeryDarkMan to take credit for Justice Crack’s release,” he said.

He, however, dismissed suggestions of any personal rift among counsel and pledged continued support for the defendant’s rights and freedom of expression.

Abubakar further clarified that the case would not commence afresh, noting that proceedings had only reached the plea stage and no witness had testified.

The court is expected to hear a fresh bail application on May 18.