Malachy Uzendu
6 February 2007
Abuja — FEDERAL High Court Abuja was turned to a near theatre of the absurd in the treason trial of the detained leader of the Niger Delta Peoples Volunteer Force (NDPVF) Mujaheed Asari-Dokubo as proceedings ended in confusion when the accused went into an orgy of verbal assaults on the judge, with a threat to exterminate him (the judge) and his family.
An emaciated Asari-Dokubo who had comported himself well in the early part of the proceedings, became angry as Justice Peter Olayiwola moved to have the trial adjourned, to enable him determine an application brought by the Federal Government to have Asari-Dokubo tried in absentia, due to his alleged past unruly behaviours in court.
His lawyer, Mr Festus Keyamo, had earlier called the attention of the court to government's violation of its order that Asari-Dokubo be kept in police custody as against the State Security Services (SSS) custody, and the alleged indifference of the court to the reported violation. It was at this point that Asari-Dokubo became incensed.
As the court moved to set a date for argument on the application government to be heard without complying with the custody order as raised by Keyamo, Asari-Dokubo moved menacingly close to the judge and started raining abuses on him.
According to the enraged Dokubo, "the court is toying with my life. Whatever your kangaroo court may have, you are a judge from bottom of hell fire.
At this point, the judge ordered that the accused be taken out, with a little smile playing on his lips.
Both the order and the smile infuriated Asari-Dokubo the more as he further charged, "You are laughing? You will soon cry. I will not move an inch. No one can bring me out of this court. I am ready to die. They will have to kill me to get me out of this place."
Pointing directly at to the judge, he said, "When next they count graves, your own will not be spared. The pain I will inflict on you, your family will weep: you are a stupid judge.
"I can't be moved. That I will be in underground cell for 6 months and you idiot will sit down here and not be able to enforce your orders. Your family will weep when it will happen. I will see if (President Olusegun) Obasanjo can save you.
"I know where your family lives. I am sure they will not escape this. Has Obasanjo been able to protect the expatriates, that he will be able to protect you? I will make sure that your joy and that of your family is turned to sorrow".
Apparently irked by the heat turned on him by Asari-Dokubo, the judge, without prompting, adjourned the trial to March 5, 2007, contrary to a short adjournment that the counsel was trying to work out with the court.
Refusing to move out of the court-room even after the court had risen, the accused kept the security agents, numbering about 80, waiting for close to 30 minutes before he agreed to leave the court, especially after holding court with his family members, counsel and supporters who came in their numbers, despite heavy security presence.
While about three of his wives were reportedly present at the proceedings, his one year-old daughter, Halima was brought to see him in court for the first time.
A brief encounter with his child before proceedings started, brought out the softer part of the accused as he hugged and kissed the girl who he was seeing for the first time since her birth.
With the security agents handling him without any force, Asari-Dokubo also sent sparks flying as he stepped out of the court where he assured his supporters to remain steadfast, while rating the devil better that the president on keeping to promises.
However, despite his claim that he was still being kept in SSS custody, government insisted that it had complied with the court order that he should be kept in police custody.
Federal director of public prosecutions (DPP) Salihu Aliyu yesterday told journalists that the accused Dokubo had confirmed the fears why his trial should be in absentia, adding that the prosecution was even disposed to short adjournment before the accused became "uncontrollable."
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