A Magistrate’s Court in Kuje, Abuja, on Friday granted bail to publisher and activist, Omoyele Sowore; Aloy Ejimakor, a member of the legal team representing the detained leader of the Indigenous People of Biafra, Nnamdi Kanu; the IPOB leader’s brother, Emmanuel Kanu; and 10 others, in the sum of ₦500,000 each, with two sureties in like sum.
Recall that all 13 defendants were arrested and arraigned before the court for allegedly inciting public disturbance and breach of peace in connection with the #FreeNnamdiKanuNow protest held in Abuja on Monday, October 20.
While Ejimakor, Emmanuel Kanu, and the other 10 defendants were arrested during the protest and later remanded at the Kuje Correctional Facility, Sowore was apprehended on October 23 at the premises of the Federal High Court in Abuja, where he had gone to show solidarity with Kanu during his ongoing terrorism trial.
The 13 defendants are: Omoyele Sowore, Aloy Ejimakor, Prince Emmanuel Kanu, Joshua Emmanuel, Bishop Wilson Anyalewechi, Okere Kingdom Nnamdi, Clinton Chimeneze, Gabriel Joshua, Isiaka Husseini, Onyekachi Ferdinand, Amadi Prince, Edison Ojisom, and Godswill Obiama.
According to the amended First Information Report updated to include Sowore’s name, the protesters committed, “Criminal conspiracy, unlawful assembly, membership of an unlawful assembly, joining or continuing in unlawful assembly knowing it has been commanded to disperse, disobedience of order duly promulgated by a public servant, inciting disturbance, and disturbance of public peace contrary to sections 100, 101, 104, 152, 114 and 113 of the Penal Code Law.”
The charge stated that the defendants allegedly obstructed the movement of other citizens, disrupted the free flow of traffic, and chanted war songs while demanding Kanu’s release, in a manner said to threaten national security.
The charge further stated: “That you, Omoyele Sowore, fled upon sighting security agents and were later arrested. You thereby committed the above-mentioned offences.”
On Tuesday, Ejimakor and 11 others were brought before the Magistrate’s Court by the police for arraignment, but the process was stalled due to the absence of legal representation.
As the defendants could not take their pleas, one of them, Nnamdi, who is also a legal practitioner, elected to represent himself. Ejimakor, however, requested a short adjournment to enable their legal team to arrive.
At the resumed sitting on Friday, the police counsel, Adama Musa, informed the court that the matter was scheduled for arraignment.
He said, “My Lord, the matter is for arraignment of the defendants, but we have an innocuous application to make. We have two First Information Reports — one dated 21 October and the other 23 October 2025. I apply to withdraw the FIR filed on 21 October 2025 and replace it with that of 23 October 2025. The essence is for the new report to cover all the defendants.”
The court granted his request, after which the amended FIR was read to the defendants for their pleas.
They all pleaded not guilty, insisting that the allegations against them were false.
Following their pleas, the prosecution requested a date for a hearing, while defence counsel, P. A. N. Ejoiofor, informed the court that a bail application had already been filed on behalf of the defendants.
He said, “We have filed and served a bail application supported by a 13-paragraph affidavit. We urge Your Lordship to grant all the prayers contained therein.”
But the prosecution opposed the bail request, saying, “We have filed a 13-paragraph counter-affidavit dated and filed on 23 October. We rely on all the averments contained therein and urge the court to consider it in the interest of justice.”
Responding, Ejoiofor noted that the counter-affidavit filed by the prosecution did not bear the correct suit number of the case before the court.
He argued, “The counter-affidavit carries a different number. They are two separate matters, and as such, there is no valid counter-affidavit before this court”.
He explained that while there is a sister case with charge number CR/252/2025, the present one before the court is marked CR/253/2025. Therefore, the purported counter-affidavit is irrelevant.
Prosecutor Musa urged the court to disregard the objection, arguing that the content of the counter-affidavit should be considered regardless of the numbering error.
He said, “Whether the CR number is right or wrong, the decision to accept the counter-affidavit lies solely with the court. I urge Your Lordship to dismiss the objection, as this is not a matter of technicality.”
But Ejoiofor maintained that the counter-affidavit could not stand since it was filed under a different case number.
He argued, “If the document does not relate to this case, it is null and void. A counter-affidavit cannot be corrected by mere submission of counsel.”
He further urged the court to grant bail to the defendants, saying, “Some of these individuals are public figures. Sowore is a former presidential candidate; Bishop, Ejimakor, and Kanu’s brother are all well-known personalities. Many of them are legal practitioners with over 15 years at the Bar.”
The prosecution countered, saying: “They may be public figures to him, but not to me. Granting bail remains at the discretion of the court, and I urge your lordship not to grant bail to the defendants.”
In his ruling, the Magistrate agreed with the defence that the counter-affidavit was not validly filed for the present case.
He held, “There is no counter-affidavit before this court. I cannot rely on a document filed in another case to decide this one.”
Having made this clarification, the Magistrate proceeded to grant bail to all 13 defendants.
He admitted them to bail in the sum of ₦500,000, with two sureties in like sum.
The sureties are to present evidence of three years’ tax clearance, a valid means of identification such as a National Identification Number slip or an international passport.
The matter was subsequently adjourned till December 15, 2025, for hearing.
