The trial of five suspects arrested in connection with the burning of the Rivers House of Assembly on December 29, 2023, was, on Thursday, stalled at the Abuja Division of the Federal High Court.

The matter, which Justice Bolaji Olajuwon fixed for trial commencement, could not proceed following an oral application for an adjournment by Adeolu Salako, counsel for the fourth and fifth defendants.

When the matter was called, the police lawyer, Simon Lough, said the matter was fixed for the commencement of trial and that their witnesses were in the courtroom.

But counsel who appeared for the first and second defendants, Lukman Fagbemi, objected to Lough’s submission that the matter was for the trial to proceed.

Mr Fagbemi noted that “we made a contradiction by the obligation of the law to challenge the jurisdiction of this court to entertain the matter,” insisting that the court did not have the jurisdiction to hear the case.

The judge asked him if he had filed applications to the effect, but Mr Fagbemi said he would move the motion orally.

Mr Lough disagreed with him.

He argued that until Mr Fagbemi filed his application for his clients and the court heard it, the trial could not be stopped, citing provisions of the Administration of Criminal Justice Act (ACJA) to back his argument.

However, Mr Fagbemi argued that moving a motion to challenge a court’s jurisdiction aligned with a Supreme Court decision.

According to him, issues of jurisdiction can be raised orally.

“But this is a court of record,” the judge responded.

Mohammed Ibrahim, who represented the third defendant, aligned himself with Mr Fagbemi’s submission.

However, Mr Salako informed the court that they were just being briefed about the matter and would need more time to study the processes.

“I don’t think we can do anything on our part because it was only yesterday we were served and we have not even gone through it (the documents),” he stated.

The judge adjourned the matter until March 12 for trial.

In the last adjourned date, the judge dismissed Mr Fagbemi’s earlier application challenging the court’s jurisdiction on the ground that it was only the office of the attorney general of the federation that had the constitutional mandate to prosecute terrorism cases.

She also struck out an application filed by Edison Ehie, the chief of staff to Governor Siminalayi Fubara, seeking an order to strike out the charge against him and others for want of jurisdiction.

The five defendants were, on January 25, arraigned on seven counts bordering on terrorism charges.

They were alleged to have invaded, vandalised and burnt down Rivers assembly on December 29, 2023, in the charge marked FHC/ABJ/CR/25/2024 preferred against them by the inspector general of police.

(NAN)