The case commenced with the first prosecution witness (PW1), Rasheed Olawale, a Principal Staff Officer with the Department of State Security Service (DSS), whose testimony was, however, cut short by the defence legal team.
Mr Femi Falana (SAN) objected to the testimony of the witness on the ground that he touched on issues that were not contained in his summary of his statement served on his clients.
Though the prosecution counsel, Mr Aminu Halilu, insisted that copies of summary statement of the witness were duly served on the defendants, Justice Ojukwu, however, upheld Falana’s objection.
Justice Ojokwu held that it would be wrong for the court to allow the witness to depose to a four-paragraphed statement and then proceed to give a shred of 10-page oral evidence.
She adjourned the matter to April 1.
The prosecution counsel had requested for time to respond to a counter-affidavit that Sowore and Bakare filed to challenge the Federal Government motion to conduct their trial in secret.
The defendants had urged the court not to allow the Federal Government to mask the witnesses, insisting there was nothing in the charge against them that should also warrant the exception of members of the public from observing their trial.
The prosecution had in a five-paragraph affidavit that was deposed to by one Noma Wando, a litigation officer in the Department of Public Prosecution, Federal Ministry of Justice, told the court that the witnesses “are afraid of giving evidence, unless they are protected, for fear of being murdered by the defendants, his cohorts or members of the ‘Revolution Now’ protest group across the country.”
The defendants, who were initially charged on seven-counts were on February 12, were re-arraigned on a two-count amended charge.
By the amended charge, the two defendants are now facing a treasonable felony charge.
Count one of the charge read thus: Conspiracy to commit treasonable felony, contrary to section 516 of the Criminal Code Act, Cap. C38 Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
Count two – Treasonable felony, contrary to section 41(a) of the Criminal Code Act Cap C38 Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
The defendants were accompanied to the court on February 12 by a large crowd of sympathisers including a former lawmaker in the Senate representing Kaduna Central Senatorial District Senator Shehu Sani, and Nobel laureate Prof Wole Soyinka.
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