A judge of the Federal High Court sitting in Asaba has reprimanded a prosecution witness for making what she described as inappropriate remarks about the defendants during the resumed hearing of a case involving allegations of terrorism, attempted murder and malicious damage.
Justice Olufunmilola Agbaje cautioned the witness, Emeka Nwaolisa, during his oral testimony after he made unguarded comments about the accused. The judge directed prosecuting counsel to rein in the witness and ensure he conducted himself properly in court.
At one point, Justice Agbaje sharply asked the witness whether he believed he was “talking to his boys”, prompting immediate apologies from both the witness and the prosecution.
Mr Nwaolisa, testifying as the third prosecution witness (PW3), told the court that he is a native of Ogwashi-Uku and a member of the Ogwashi-Uku palace vigilante group. Led in evidence by prosecuting counsel, Samuel Mallum Esq, he said he was deployed alongside other security personnel, including police officers, to the Ogbenta palace on 12 October 2023.
He said he was stationed at the palace gate, which he claimed was locked, when he saw a crowd of more than 200 people approaching. Among them, he alleged, were the fifth defendant, Chief Mike Nwukoni; the fourth defendant, Adigwe Elue; the first defendant, Francis Okolie, a lawyer; and others.
According to the witness, the defendants were armed with offensive weapons and, acting on the instruction of Chief Nwukoni, allegedly opened fire and attempted to force entry into the palace. He said security personnel resisted, leading to chaos. He further claimed that gunshots shattered the windscreen of a Sienna vehicle and injured a vigilante member who had sought refuge inside it.
Mr Nwaolisa also insisted that none of the security personnel on duty that day, including police officers, were armed.
Proceedings were briefly disrupted by a heated exchange between defence counsel, Chief Efe Akpofure, and the prosecution over the alleged failure to serve the defence with proof of evidence, including two statements attributed to the witness. Chief Akpofure opposed the prosecution’s attempt to tender the statements, describing it as an ambush designed to persecute rather than prosecute the defendants.
The prosecution denied the allegation, blaming the delay on an administrative mix-up and assuring the court that the documents would be made available. Justice Agbaje expressed concern and ordered that all relevant documents be served on the defence to ensure a fair trial, though she admitted the two statements as exhibits.
During cross-examination, Mr Nwaolisa admitted that he did not mention the names of any of the defendants in his first statement to the police dated 12 October 2023. He blamed the investigating police officer (IPO), whom he said failed to record what he dictated. He also conceded that he signed the statement even though it was not read back to him.
The witness further denied awareness of the significance of 12 October 2023 as the date of the Ineh festival in Ogwashi-Uku, a major cultural celebration marked by dance processions, music, food and communal festivities.
His testimony contained several contradictions. At various points, he claimed to have written the statement himself before later blaming the IPO for its contents, despite admitting he could not recall the officer’s name. He also said he was shocked that the names of the defendants and the weapons he claimed they carried were not reflected in the statement.
When asked to read or write from his statement in court, Mr Nwaolisa, who described himself as literate, said he was unable to do so because he was under pressure in the witness box.
A member of the defence team, Professor Oludayo Amukaiye, SAN, drew the court’s attention to discrepancies in the handwriting of the witness’s statement, noting that while the body of the document was written in blue ink, the signature and dates appeared in black ink. He cited section 101(2) of the Evidence Act in support of his argument.
Both statements dated 12 October 2023 and 29 January 2024, along with a document containing the witness’s handwritten name, were admitted as exhibits.
Under further questioning, Mr Nwaolisa acknowledged that he was employed as a palace vigilante and paid by the Obi of Ogwashi-Uku.
Before adjourning proceedings to 21 and 22 April 2026, Justice Agbaje reminded the prosecution to ensure that all proofs of evidence for subsequent witnesses are served on the defence ahead of time.
All five defendants — including the Iyase of Ogwashi-Uku, Chief Mike Nwukoni; the secretary general of the Ogwashi-Uku Development Association Worldwide, Adigwe Elue; a former chair of the Nigerian Bar Association’s Ogwashi-Uku branch, Francis Okolie; Prince Eugene Ojo Izediunor; and the Agidiase youth president, John Nwona — were present in court. The case is marked FHC/ASB/18C/24.
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