*Calls For Urgent Constitutional Amendments To Address Gaps In Criminal And Civil Justice Administration

The Nigerian Bar Association (NBA) has successfully secured the release of lawyer Pius I. Awoke and computer science student Onyia Emmanuel Chinonso from the custody of the Department of State Services (DSS). The release came after extensive efforts by the NBA, led by its President, Yakubu Chonoko Maikyau, OON, SAN.
In a statement released on June 23, 2024, the NBA President confirmed that Awoke and Chinonso were received from the DSS on June 22, 2024. While the NBA’s efforts were primarily focused on securing the release of their colleague, Pius Awoke, the DSS decided to also release Chinonso, who is Awoke’s first cousin and the youngest among those arrested with him.

The individuals had been in detention awaiting trial on charges related to terrorism offenses. A Federal High Court ruling in the case FHC/ABJ/CS/735/2022 had previously affirmed that a prima facie case against Awoke and others was established, as the allegations against them were not denied. The court found that the applicants were arrested and subsequently detained upon reasonable suspicion of having been involved in the terrorist activities of IPOB, the Eastern Security Network, and the failed attempt to disrupt the trial of IPOB leader Nnamdi Kanu. The court also held that the applicants belonged to the proscribed IPOB and the Eastern Security Network operating in the South Eastern States of Nigeria, which was not denied by the applicants. The court ordered their arraignment within 30 days from the date of the judgment, which was delivered on June 14, 2023.

The NBA President condemned the failure to arraign Awoke with the other applicants as ordered by the court and the lengthy detention period. He acknowledged that the nature of terrorism offenses and the general character of defendants being held for trial on such offenses necessitated proper structures and facilities for the conduct of proceedings to ensure the protection of judges, lawyers, and other law enforcement officers involved. The inter-agency participation in the fight against terrorism also contributed to delays in the disposition of terrorism-related cases.

RE PIUS I. AWOKE (NOTICE NO. 2)

Maikyau expressed appreciation to the DSS, particularly its Director of Legal Services, for collaborating closely with the NBA to make the release possible. He also commended the efforts of the NBA Security Agencies Relations Committee (NBA-SARC), led by Chukwuka Ikwazom, SAN, and the interventions of other colleagues on various platforms.

The NBA President clarified that, contrary to claims circulated on social media, a letter allegedly sent to his office in May 2023 was never received and was only seen by him on social media a few weeks ago.
On June 22, 2024, Awoke and Chinonso were handed over to Mrs. Uzoma Aneto, former Vice Chairperson of the Abakaliki Branch of the NBA, and Kelechi Anwu, Esq, another member of the branch. Arrangements have been made for them to reunite with their families.

The NBA President called for necessary constitutional amendments and statutory interventions to address the serious gaps in the administration of both criminal and civil justice in Nigeria, which contributed to the lengthy detention period. He emphasized that these gaps must be addressed by the government as a matter of urgency, if not emergency, in the interest of the public, without any form of discrimination.