The Federal High Court in Abuja has warned Mohammed Usman, also known as Khalid Al-Barnawi, the alleged leader of Boko Haram dissident splinter group, Ansaru, and four other suspects, against absenting themselves from court sessions.
Justice Emeka Nwite issued the warning on Tuesday following the absence of Al-Barnawi, the 1st defendant, and his lawyer in court.
Justice Nwite also ordered the counsel and the defendants to show up at the next hearing date fixed for Sept. 5.
The News Agency of Nigeria, (NAN) reports that Al-Barnawi is being prosecuted on terrorism related charges along with other suspected members of his group.
Other co-defendants include Mohammed Bashir Saleh; Umar Mohammed Bello, a.k.a Datti; Mohammmed Salisu and Yakubu Nuhu, a.k.a Bello Maishayi.
They are among others, accused of being members of Ansaru terrorist group, also known as Jama’atu Ansarul Muslimina Fi Biladis Sudan.
The defendants are also alleged to have conspired among themselves to carry out acts of terrorism between 2011 and 2013 in Sokoto, Kebbi, Bauchi, Borno, Gombe and other states in the northern part of the country.
Upon resumed trial on Tuesday, the prosecuting lawyer, Alex Izinyon, SAN, told the court that the case was scheduled for continuation of proceedings in the trial-within-trial.
Izinyon however said that the 1st defendant (Usman) and his lawyer were not in court.
He further observed that lawyers to two other defendants were also not in court.
The lawyer told the court that Al-Barnawi’s lawyer, who claimed to be away in Enugu, had promised to send a representative, but failed to do so.
Izinyon expressed concern that the absence of the 1st defendant and the defence lawyers was unpleasant to the resolve by the court to accelerate hearing in the about 13-year trial.
He said the absence of the defence lawyers without communicating to the court was disrespectful.
Lawyer to Bello and Nuhu (3rd and 4th defendants), Abdulkarim Audu, equally submitted that the proceedings would have to be rescheduled in view of the absence of the 1st defendant and the defence lawyers.
Both lawyers however urged the court to grant a short adjournment to enable parties make progress in the case within the ongoing vacation of the court.
Justice Nwite expressed displeasure over the absence of the 1st defendant and some of the defence lawyers in court.
According to the judge, it is unfortunate that this scenario is playing out when the effort is to ensure expeditious hearing of the matter.
“This court will not condone the attitude of the 1st defendant or any of the defendants in absenting themselves from the proceedings,” he said.
The judge directed lawyers to parties to work together to address what informed the absence of Al-Barnawi and other defence lawyers to prevent further delay in the case.
Justice Nwite then adjourned the matter until Sept. 5 and Sept. 12 for continuation of evidence of the 3rd prosecution witness (PW3) and the playing of the videos in the trial-within-trial.
The U.S. had, in 2012, placed a $5 million (£3.5m) bounty on Al-Barnawi’s head after branding him one of three Nigerian “specially designated global terrorists.”
Ansaru is said to be ideologically aligned to al-Qaeda in the Islamic Maghreb and is also accused of killing a number of Westerners.
Ansaru was reported to have claimed that it carried out an attack on a maximum security prison in Abuja in 2012 during which dozens of inmates were freed.
