A Magistrate Court sitting in Kuje, Federal Capital Territory (FCT), has indicated its readiness to dismiss the criminal case filed against activist Omoyele Sowore, lawyer Alloy Ejimakor, Prince Emmanuel Kanu and other defendants over a protest demanding the release of detained Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu.
The development occurred during proceedings on Friday, June 5, 2026, when the matter came up for hearing before the court.
The prosecution suffered a setback after the prosecuting counsel failed to appear in court, prompting the defence team to challenge the continued existence of the case.
Counsel to the defendants urged the court to dismiss the charges pursuant to Section 351 of the Administration of Criminal Justice Act (ACJA), arguing that the prosecution had failed to diligently prosecute the matter and had shown little commitment to pursuing the case. Also some of the defendants were absent in Court, in the persons of Omoyele Sowore, Kingdom Okere, and Emmanuel Kanu.
The defence maintained that justice required the court to bring the proceedings to an end rather than allow the matter to continue indefinitely in the absence of the prosecution.
In his ruling, however, the presiding magistrate declined to immediately strike out the case. Instead, the court granted what was described as a final adjournment to enable the prosecution present its case.
The judge warned that the prosecution would be given one last opportunity to appear and proceed with the matter, stressing that failure to do so at the next sitting could result in the dismissal of the charges.
The court also noted that the remaining defendants expected to appear before the court must be present on the next adjourned date.
Following the ruling, the matter was adjourned until July 31, 2026, for definite hearing.
The case stems from the October 2025 pro-Nnamdi Kanu protest in Abuja, during which police arrested several activists and supporters who had gathered to demand the release of the IPOB leader.
Among those charged are former presidential candidate and activist Omoyele Sowore, Nnamdi Kanu’s younger brother Prince Emmanuel Kanu, human rights lawyer Alloy Ejimakor, and several other supporters.
According to the First Information Report (FIR) filed by the police, the defendants were accused of criminal conspiracy, unlawful assembly, disobedience of an order duly promulgated by a public servant, incitement of disturbance, and disturbance of public peace.
The police alleged that the protesters violated a court order restricting the demonstration, disrupted traffic flow, obstructed the movement of other citizens and engaged in activities considered capable of threatening public order.
The defendants have consistently maintained their innocence, while supporters of the group insist that the protest was a lawful expression of their constitutional rights to freedom of assembly and expression.
Friday’s proceedings have now placed the spotlight on the prosecution’s handling of the matter, with the court’s warning raising the possibility that the case could be struck out if prosecutors fail to appear and proceed with the hearing on the next adjourned date.
