Proceedings in Charge No. CR/473/2021, _Federal Republic of Nigeria v. Chizoba Nnaemeka, a charge bordering on allegations of Rape and incest before Justice Abubakar Hussain Musa of the FCT High Court No. 28, Apo, were adjourned to 14 July 2026 after extended legal arguments between defence and prosecution counsel.
The matter was listed for hearing on 14 May 2026 following an order directing Defendant’s counsel, Chief Professor Ebosetale David Aigbefoh, Esq., to appear.
During the session, defence counsel raised objections to several procedural issues. Counsel contended that the court was addressing matters outside the record, including the basis for the revocation of the Defendant’s bail on 30th April 2026. He submitted that the revocation was premised on allegations of witness interference that has already testified as PW1 more than 3 years ago, in his view, were not supported by evidence before the court and did not show a breach of bail conditions.
Another point of contention was the recall of a prosecution witness. Defence counsel argued that the prosecution had not filed a formal application to reopen its case before seeking to recall the witness, contrary to the requirements of the Administration of Criminal Justice Act 2015.
Counsel also objected to the participation of Mr. Sylvanus Maliki, Esq., whom he stated is not a member of the prosecution team nor an officer of any federal prosecuting agency, arguing that his appearance alongside the lead prosecuting counsel, Mrs. Justina Maliki Esonu, Esq., on the 30/04/2026 in pendly false narratives in urging the court as the prosecutor husband was contrary to standard practice.
Defence counsel further highlighted what he described as other procedural irregularities in the conduct of the proceedings, urging the court to confine itself to matters properly before it.
The prosecution maintained its position on the issues raised.
After hearing submissions from both sides, Justice Musa adjourned the matter to 14 July 2026 for continuation.
In his remarks, Professor Aigbefoh stressed that judicial officers are bound by the Code of Conduct for Judicial Officers and their oath of office, and should avoid descending into the arena of litigation. He urged that all proceedings be conducted strictly within the confines of the law and the record before the court and not according to the whilst and caprices of the Judge.
The case remains pending before the court. Further developments are expected at the next adjourned date.
