The bail hearing of detained activist, Justice Crack, was on Thursday stalled at the Federal High Court in Abuja following a disagreement among members of his legal team over who should lead the defence, forcing the withdrawal of an earlier bail application and an adjournment to Monday, May 18, 2026, for the hearing of a fresh application.
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The dramatic courtroom development means the activist, whose real name is Chidiebere Justice Mark, remains in prison custody over a viral video allegedly criticising the Nigerian Army’s feeding arrangements, even as his lawyers traded accusations outside the courtroom over who was responsible for delaying his pursuit of liberty.
Speaking with journalists after proceedings, one of the lawyers on the defence team, Femi Balogun, accused another counsel, Marshall Abubakar, of frustrating the bail process after being prevented from leading the case.
Balogun said he was directed by the family of the activist to take charge of the matter, noting that he was senior to Abubakar at the Bar. He explained that while he was present alongside Abubakar at the last court sitting, the rules of legal practice required seniority to be respected.
“Today the matter was supposed to be for the hearing of the bail application. However, I was directed by the family to lead in respect of the matter for today. I was with Marshall at the last court sitting, but Marshall is my junior. I’m a senior at the bar. There were some other senior counsels at the last time, but he insisted on leading everyone despite the fact that in law, there’s seniority at the bar,” Balogun stated.
Balogun alleged that Abubakar subsequently applied to withdraw the bail application filed on behalf of the activist simply because he was not allowed to lead the proceedings a move Balogun described as vindictive and contrary to the interest of justice.
“But today, I insisted that I have to lead based on the fact that the family has directed me to lead. But Marshall, in his vindictive way, applied to strike out the bail application on the basis that he’s not leading, which is unfair,” Balogun said.
He argued that disagreements among lawyers should not prevent a defendant from pursuing his liberty. “Ordinarily, if he’s doing this for justice, for the interest of justice, I don’t see a reason, even if you are not the counsel leading, why you should withdraw the bail application you have filed for the person to enjoy his liberty,” Balogun added.
However, Marshall Abubakar gave a markedly different account of events, insisting that he merely complied with the court’s directive after another lawyer suddenly announced his appearance in the matter without prior notice.
Abubakar maintained that he had been leading the defence from the onset and had personally initiated significant efforts to secure the activist’s release. He disclosed that he had written to the Attorney-General of the Federation seeking discontinuance of the case and had also met with activist Omoyele Sowore, officials of the Federal Ministry of Justice, and the Director of Public Prosecutions of the Federation over the matter.
“I was the one who wrote to the Minister of Justice to discontinue this matter. I, alongside Mr Omoyele Sowore and some comrades, met with the Minister of Justice, the DPPF and the Permanent Secretary of the Ministry of Justice to see that we get Justice released,” Abubakar stated.
He said the dispute arose after another lawyer appeared in court without prior notification and announced an appearance on behalf of the defendant, contrary to the established practice that requires incoming counsel to first notify existing counsel before taking over a matter.
“If there’s another lawyer in a matter, and I intend to proceed with the prosecution of that matter, the duty is on me to approach that lawyer and say I have the instructions of so and so person to prosecute this matter,” Abubakar explained.
Abubakar further disclosed that he took up the case pro bono after being contacted by the activist’s wife. “It was the wife of Justice Crack that reached out to me to represent her husband. It was on that basis that I took up this matter pro bono. I have never taken a kobo from anybody in respect of this matter,” he stated.
According to Abubakar, the presiding judge noted that he had led proceedings at the previous sitting and subsequently gave him the option of withdrawing his appearance. “The judge said, ‘Marshall, you have a choice, are you going to withdraw your appearance?’ And I said, ‘My Lord, in view of what has transpired, I respectfully withdraw my appearance,'” Abubakar recounted.
He explained that the withdrawal of his appearance carried automatic legal consequences for the processes he had filed. “Once you withdraw appearance in a matter, the consequential orders must be made, which includes that every process we’ve filed in that matter goes with it. Once you withdraw, the application goes,” he said.
Following the withdrawal of Abubakar’s appearance and the consequent striking out of the bail application he had filed, the court had no option but to adjourn the matter. The case was adjourned to Monday, May 18, 2026, for the hearing of a fresh bail application to be filed by the reconstituted defence team.
In a separate but significant development, Balogun disclosed that the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, has taken over the prosecution of the case from the Department of State Services (DSS). The takeover by the DPPF’s office signals a shift in the handling of the case from a security-led prosecution to one managed by the federal government’s chief prosecutor.
The activist, whose real name is Chidiebere Justice Mark, was earlier arraigned and remanded in prison custody by the Federal High Court over a viral video allegedly criticising the Nigerian Army’s feeding arrangements. He was charged with cyber-related offences under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, as amended.
One of the charges against him states that on or about April 28, 2026, from his address at Plot 88 Sabon-Lugbe, Abuja, he circulated information to the public through his social media handle @JusticeCrack regarding alleged inadequate feeding of Nigerian Army personnel, which the prosecution claims he knew to be false but posted for the purpose of causing annoyance, ill will, and hatred, especially among citizens who hold divergent views, contrary to Section 24(1)(b) of the Cybercrimes Act.
The case has continued to attract widespread public attention and debate, with supporters of the activist describing the prosecution as an attempt to suppress dissent and freedom of expression, while the authorities insist the charges are in line with existing laws regulating online publications.
The activist remains in prison custody pending the hearing of a fresh bail application on May 18.
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