THE FEDERAL High Court in Ibadan, presided over by Hon. Justice N. E. Maha, was forced to adjourn the arraignment of Comrade Andrew Emelieze in case brought before it by the Department of State Services (DSS) after he fell ill in court and was unable to proceed.
The case, with file number FHC/IB/47C/2025, titled ‘Federal Republic of Nigeria v. Andrew Uche Emelieze’, was set for arraignment last Thursday, with the prosecution team led by Chief State Counsel H. P. Ashasin, Esq., and T. A. Nurudeen, Esq., expressing readiness to proceed.
However, the defence counsel, led by human rights activist and lawyer, Femi Aborisade, Esq., Yusuff Akinola, Esq., AbdulBasit Lawal, Esq., Moyosore Adedokun, Esq., and Mariam Yusuf, Esq., raised objections, stating that they had just been served with the prosecution’s counter-affidavit and written address in response to the defendant’s bail application.
The defence argued that proceeding with the arraignment would deny the defendant the opportunity to file further affidavits and a reply on points of law before moving the bail application.
The defence also noted that while the defendant was currently on administrative bail granted by the Department of State Services (DSS), this would lapse upon arraignment, potentially leaving him in custody until after the court’s vacation if bail was not promptly addressed.
Despite the defence’s objections, the court overruled them and ordered the arraignment to proceed. However, when the defendant was called, he suddenly became ill and was unable to stand. The court temporarily rose to allow him time to recover.
Upon resumption, Emelieze remained too unwell to continue, prompting Justice Maha to adjourn the matter to October 21, 2025 for arraignment.
Following the adjournment, the defendant was rushed to a nearby public hospital for medical attention. The nature of his illness has not been disclosed.
The case continues to draw public attention, especially from the human rights and civil society communities expressing dismay on rising cases of tyranny.
