A Federal High Court in Abuja on Friday fixed Jan. 24 for ruling on an application filed by a suspect, Adun Adewale, who begged to retake his plea after pleading guilty
By Taiye Agbaje
A Federal High Court in Abuja on Friday fixed Jan. 24 for ruling on an application filed by a suspect, Adun Adewale, who begged to retake his plea after pleading guilty to a charge.
Justice Emeka Nwite fixed the date for Adewale to either be convicted for pleading guilty to count one of the two-count charge or be ordered to retake the plea.
The development occured after Adewale’s lawyer, O.A. Olaleye, and the police counsel, Victor Okoye, addressed the court on the propriety of the application.
The News Agency of Nigeria (NAN) reports that though Adewale had, on Dec. 20, 2024, pleaded guilty to count one of the cybercrime offences when he was arraigned; the defendant, in count two, said he “pleaded guilty with reason” when it was read to him by the registrar.
When Justice Nwite asked him what was the reason, Adewale explained from the dock that he saw the post somewhere and he forwarded it to his page.
His lawyer, Olaleye, therefore, prayed the court for a stand down in order to confer with his client.
Although Okoye opposed the application, the judge stood down the matter in the interest of justice.
After the court reconvened, Adewale’s lawyer told the court that he had discussion with his client and Adewale told him that he (defendant) did not understand the charge read to him.
Based on this premise, the lawyer prayed the court for the charge to be read again for his client to take his plea.
But Okoye vehemently opposed the application and the judge adjourned for the parties to address the court through a written address on the position of the law in such instance.
When the matter was called on Friday, Okoye informed the court that the court had, on Dec. 20, 2024, directed parties to filed their written addresses concerning the defendant’s plea.
“We have filed my lord,” he said.
Responding, Olaleye acknowledged that though the court directed them to file their written addresses, he said the defence came by way of motion on notice for the defendant to change his plea.
“How do you came about this?” the judge asked Olaleye.
Olaleye said though the court ordered parties to file written addresses, he said the defence came by way of motion on notice due to the necessity to place facts leading to the circumstances which led to the arraignment and the eventual plea of the defendant before the court.
“My lord, coming by way of motion on notice is not to flout the order of the court but to assist the court in seeing reasonable cause why the court should exercise its discretionary power to grant the application of the defendant my lord.
“However, if my lord rules that he will discountenance the motion and the affidavit, we will be placing reliance on our written address my lord dated 27th day of December, 2024, and filed on 30th day of December, 2024 my lord.
“And we will be adopting same as our argument on this issue and we urge the court to grant our application,” he said.
Making his submission, Okoye said their written address, dated Dec. 31, 2024, was filed same day.
The police lawyer, who said he placed reliance on the written address, prayed the court to convict Adewale and sentence him accordingly on the first count which he directly pleaded guilty of.
“The basis of our argument is that the honourable court observed the defendant’s valid arraignment. The court asked if we were ready and we all said yes,” Okoye told the court.
Olayele, who objected, said: “There was no time I said I was ready for the arraignment my lord.”
Justice Nwite then read from the court record the proceeding of Dec. 24, 2024, in open court to clarify the argument.
“Why didn’t you object to the readiness of the arraignment,” the judge asked Olaleye.
But Okoye argued that the issue of plea can never be delegated from a defendant to his counsel.
“We submit that counsel cannot stand in the shoe of the defendant to inform the court that he wants to change the defendant’s plea.
“Counsel admitted that he was the person who informed the court that he wants a stand down and never the defendant.
“Even assuming, but not conceding, that my lord is to look at the affidavit filed by the defendant, all the information given was never made by the defendant but by his counsel.
“We submit that issues of plea is a sole prerogative or responsibility of a defendant and not his counsel,” he said.
Okoye further argued that if the court was minded to look at the defence affidavit, he said the motion was incompetent by virtue of Section 115 of the Evidence Act.
“This is so because the counsel who made the deposition was not in the position to give the information as stated in the affidavit,” he said, urging the court to discountenance same.
According to him, we are placing a reliance on the written address in urging the court to convict the defendant and sentence him in compliance with all the laws and in the interest of justice.
Responding, Olaleye said Okoye’s argument on the issue of the affidavit was strange to him.
He said though he did not depose to the affidavit himself, he said a litigation officer did.
“We actually filed a reply on points of law.
“I did not do the affidavit myself. As counsel, I am well aware of the facts of the matter.
“So I can authoritatively give firsthand information on facts about the matter to a litigation assistant my lord,” he said.
Besides, Olaleye insisted that he never applied to the court to change the defendant’s plea.
“I only applied to the honourable court to have the charge re-read to the defendant and to retake his plea,” he clarified.
The defence lawyer equally raised the issue of bail for his client but Okoye disagreed with him, saying: “I don’t think we can adjourn for bail when we are having a serious issue here.”
The judge, however, confirmed from the record that the matter was adjourned for party to address the court and for defendant’s bail.
Justice Nwite, who said issues of bail cannot be determined at present, adjourned the matter until Jan. 24 for ruling on either to convict Adewale on count one or grant his application to retake the plea.
NAN reports that the suspect, also known as “Coachbanter,” was arraigned before Justice Nwite on alleged cybercrime offence against the I-G, Kayode Egbetokun.
The I-G had, in the charge marked: FHC/ABJ/CR/634/2024, sued Adewale as sole defendant.
In the charge filed on Dec. 17 by A.A. Egwu, the defendant was alleged to have, sometime in 2024, intentionally sent video recording by means of computer system and network through his Tiktok username: “@brodabanter_backup_page” and handle “CoachBanter.”
Adewale was alleged to have said in the said video, “Police IG Egbetokun busted for colluding with notorious cartel moving cash from CBN (Central Bank of Nigeria) vault via Abuja, Lagos airport.”
The statement he knew to be false, “for the purpose of causing a breakdown of law and order.”
The offence is said to be contrary to and punishable under Section 24 (1) (b) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
In count two, he was also alleged to have sent a video through his Tiktok username accusing Egbetokun of victimising police officers to shield members of a cartel notorious for hauling suspicious new bank notes from the CBN.
The statement, which was said to be false, was contrary to and punishable under Section 24 (1) (b) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.(NAN)
