Mustapha Umar, accused Boko Haram member who in April 2012 was arrested for bombing a plaza in Kaduna, on Tuesday asked the Federal Government for a defense lawyer to in a one-count charge of terrorism brought against him.
The planned arraignment of Umar by the Nigerian Police Force, which brought the charge on behalf of the Federal Government, could not go ahead because no lawyer was available to represent him in court when he appeared before an Abuja Federal High Court presided by Justice Adeniyi Ademola.
The one-count charge preferred against the suspect reads, “That you Mustapha Umar, (M), 34, of Gashuwa, Yobe State, on or about 26th April, 2012, drove a White Honda Academy Car, with registration No. AL 306 MKA laden with improvised explosives into the premises of SOJ Plaza, occupied by Thisday Newspaper, The Moment Newspaper and The Sun Newspaper, located at R9, Kontagora Road, by Ahmadu Bello Way, Kaduna, and detonated the explosives.
“You thereby committed an act of terrorism contrary to section 1(2) (c) (v) of Terrorism Prevention Act, 2011, and punishable under section 33 (1) (a) of the same Act.”
According to reports, the charge was not read in court because of the absence of a defense counsel for the accused person. “I have not been given access to a lawyer since I was detained, I have not had any visitors in detention,” Umar complained.
The judge admitted that the suspect should have a lawyer, saying, “He will need a lawyer of his own choice because he will have to defend himself.
“He was arrested in April 2012; you know he needs a lawyer, considering the nature of the charge against him.”
Prosecution counsel, Simon Labaran,told the court that the suspect was informed that he would need a lawyer at the time he was arrested.
“To set the records straight… he knew it was his constitutional right to have a lawyer – for him to appear before this court to say this is unfortunate,” Labaran said.
Ademola, thereafter, asked whether the suspect had a particular lawyer he wished to engage to defend him in the suit.
“Maybe he has a lawyer in mind,” Labaran said.
The judge again asked Umar, “Do you have any lawyer in mind? How long will it take for you to get a lawyer?”
Umar said, “I have no lawyer of my choice – my relatives were not allowed to see me.”
“If the government can provide a lawyer for me, I am ready for trial.”
Ademola thereafter, gave the accused person one week to get a lawyer.
“We intend to commence trial immediately after arraignment. He should be remanded in Kuje prisons where he can get a lawyer of his choice. In Kuje prisons, he can have access to his lawyers and family. I will only give you one week to find a lawyer,” the judge said.
Ruling on the matter, he said the arraignment and trial would go ahead on February 5, 2013, even if the accused person was unable to get a lawyer.
The proceedings, which held amid tight security, were momentarily interrupted when someone knocked on the door of the courtroom, which was closed.
When the knocking persisted, a staff of the court opened the door, after which about 10 people walked in.
“Who are these people?” the judge asked as all eyes turned to the newcomers.
They identified themselves as “police detectives from Kaduna,” where Umar committed the offence.
A police officer from the Force Headquarters went over to confirm the identity of the police detectives before the proceedings continued.
Clad in a white flowing gown, and looking unruffled, Umar was led into the courtroom by heavily armed riot police officers, who had beefed up security around the premises of the Abuja FHC from 8.00am.
