Attack on Palace of Ogwashi-Uku: Court rejects defendant’s move to travel abroad

Move by Mike Nwaukoni to travel abroad for medical check-up has met a brick-wall as the Federal High Court sitting in Asaba, Delta State, has rejected his application seeking for temporary release of his international passport for the trip.

Nwaukoni is one of the defendants who are standing trial for allegedly attacking the palace of Ogwashi-Uku Kingdom during new yam festival two years ago.

The terrorism case with suit number FHC/ASB/18C/2024 has other defendants including Francis Okolie, Eugene Ojo Izediunor, John Nwona and Adigwe Eluemunor.

At the resumed hearing of the case on Thursday, Samuel Mallum, a CSP and counsel to the Inspector-General of Police (IGP), filed an opposition wherein he argued that the application was speculative, unsupported, and dangerous to the administration of justice.

He warned that releasing the passport for a proposed 12-week foreign trip would effectively suspend the criminal proceedings and expose the Court to the risk of the defendant absconding.

The prosecution specifically argued that the 12 weeks period is sufficient to seek asylum or citizenship particularly as the prosecution has laid out most of the evidence before the court.

The court heard that despite seeking permission to travel from June to August 2026, Nwaukoni failed to produce any genuine medical appointment, referral, emergency treatment schedule, or evidence showing that any treatment could not be handled in Nigeria.

Mallum, the prosecuting counsel argued that the application was merely a camouflaged attempt to delay proceeding and an abuse of court process, adding that the only wedding referenced in the application was scheduled for August 29, 2026, a period of the court’s vacation.

He stated that making the request to suspend criminal proceedings for nearly three months is highly suspicious.

The court was also reminded that the defendant’s passport was originally deposited as part of his bail conditions to secure his attendance at trial and prevent any possibility of escape.

The prosecution entirely opposed the application, relying on the provisions of the Administration of Criminal Justice Act (ACJA) 2015. He stressed on the legal obligation for speedy criminal trials and the continuous presence of defendants during proceedings.

Lucky Egoh, an Inspector and the Investigating Police Officer (IPO) attached to the Delta State Police Command, testified before the court on the findings of the investigation into the attack on the Ogwashi Uku palace which forms part of the charges before the court.

Egoh testified that investigations confirmed the defendants allegedly summoned and mobilised the mob that stormed the Obi’s Palace despite repeated warnings not to do so.

Several persons were seriously wounded, vehicles vandalised while panic and fear spread across the Ogwashi-Uku community leading to breakdown of public peace, he said.

The defence team consisting of over 15 lawyers declined to proceed with cross-examination of the IPO after the testimony because one of them was absent in court.

The court after hearing the counsel arguments declined the request of the defendant for the release of the passport.

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