FLIGHT RISK: Prosecution Fights To Keep Alleged Terror Suspect, Mike Nwaukoni, In Nigeria

Asaba, Delta State

Honourable Justice Olufunmilola Agbaje of the Federal High Court in Asaba, Delta State, is set to consider and rule on a critical passport application in charge number FHC/ASB/18C/2024 — IGP v. Barrister Francis Okolie & Ors — and the man at the centre of it, Mr. Mike Nwaukoni, the fifth defendant in a terrorism trial, may be running out of options.

The prosecution has filed a counter affidavit opposing a fresh application by Nwaukoni’s lawyers for the release of his international passport.
Their argument is blunt: the man alleged to have masterminded a violent terror attack against the Obi of Ogwashi-Uku Kingdom intends to flee Nigeria and never return.

The matter has been adjourned to June 23, 2026, for hearing.

The Witness Who Told All
At the last hearing, the Investigating Police Officer delivered damaging testimony that closed the prosecution’s case. He confirmed that all defendants were properly identified with firearms at the scene, and that multiple witnesses placed them there — with Nwaukoni identified as the principal architect of the assault.

The IPO’s account was unsparing: Nwaukoni allegedly mobilised armed thugs to Ogwashi-Uku with one objective — to cause communal war, terrorise the Ogwashi-Uku community, and the forcible dethronement of the Obi of Ogwashi-Uku Kingdom. The result was destroyed vehicles, gunshot injuries to victims, and a community held in terror.

A Judge Who Said No — and a Defence That Came Back Anyway
Justice Agbaje had already refused a previous passport application last month in a detailed ruling, finding no justification for releasing Nwaukoni’s travel document. His lawyers filed again regardless now claiming he has a problem with his finger.

The prosecution’s counter affidavit dismantles the fresh application systematically, arguing that Nwaukoni’s persistent push for his passport — backed by a parade of shifting medical complaints requiring treatment abroad — is a manufactured pretext to escape jurisdiction before a verdict is delivered. The prosecution believes he is fabricating illness to run.

What He Stands to Lose — and Why He Might Run
A man staring at Nwaukoni’s charges has powerful reasons to disappear. Under Nigerian law:
• Terrorism (Terrorism Prevention and Prohibition Act, 2022): minimum 20 years; death where the act causes loss of life — gunshot injuries were recorded in this case.
• Attempted Murder (Criminal Code Act): life imprisonment, aggravated by the use of firearms.
• Conspiracy and other Firearms Offences: independent charges that compound the sentence further.

The defendants are collectively staring at the prospect of spending the rest of their lives in a Nigerian correctional facility — or worse. The prosecution knows this. So, they argue, does Mike Nwaukoni.

ALSO READ: Ogwashi-Uku Palace Dismisses “Murder, Kidnapping, Conviction” Claims As Recycled Falsehoods

June 23: The Court Decides
When Justice Agbaje reconvenes on June 23, 2026, she will hear arguments on whether to grant or refuse the passport application — a ruling she has already made once before. What is not in doubt is the stakes: a terrorism prosecution, a community that endured real violence, and a principal defendant the prosecution says is making calculated moves to vanish.

Reacting to the developments, a leader in the community who does not want to be mentioned, said: “The people of Ogwashi-Uku Kingdom — and the rule of law — are watching.”