The Federal High Court sitting in Lagos yesterday vacated the summons earlier issued against a former employee of Brila Broadcasting Services Limited, operators of Sports Radio Brila FM, Babafemi Raji, popularly known as “Topmost Striker,” in an alleged ₦100 million fraud case instituted by the Inspector-General of Police (IGP), Tunji Disu and ordered that Raji be tried in absentia following his continued failure to appear for arraignment.

So far, he failed to appear on November 7, 2025, December 4, 2025 and January 30, 2026 before yesterday's hearing for which he was again absent. At an earlier sitting in November 2025, the court had directed that all defendants be tried in absentia due to their non-appearance. However, the two co-defendants later showed up in court, leaving Raji as the only absentee.

Raji is standing trial alongside two other former staff of the company, Akakan Victor Mkpong Sam and Blessing Sunday Ekerete. When the matter came up for arraignment yesterday, only the two co-defendants were,again, present in court.

During Tuesday’s proceedings, counsel to Raji drew the court’s attention to a pending application seeking to vacate the criminal summons issued against his client. In response, the prosecution informed the court that it had filed a counter-affidavit opposing the application on several grounds.

Arguing the application, defence counsel maintained that Raji had travelled out of the country before the charge was filed, citing deteriorating health as the reason for his departure. He added that medical reports were attached to the application to substantiate the claim.

The prosecution, however, challenged the assertion, stating that it had credible information contradicting the defendant’s claims. It urged the court to proceed with trial in absentia. It was gathered that the prosecutor had deposed to an affidavit that Raji was "not ready and willing to stand trial hence the story of his continuous health challenge". Video evidence of Raji, hale and hearty, most recently posted by him (Raji) online contrary to claims in court, were with the team of prosecuting lawyers, but it was not established if they were tendered before the ruling.

In a bench ruling, the presiding judge, Justice Ambrose Lewis-Allagoa, granted the application to vacate the summons, but held that Raji would be tried in absentia. Close watchers observed the ruling is in line with the Administration of Criminal Justice (ACJ) Act 2015 which stipulates that if a defendant violates the presence requirement under Sections 221, 266 and 352, the court may proceed with trial in their absence .

The court subsequently adjourned the matter to May 6, 2026, for definite hearing.

In the charge marked FHC/L/530/2025, the defendants are facing counts bordering on conspiracy, fraud, and money laundering acts against their former employer and the laws of Nigeria.

In addition, a separate count against Raji alleges that he used social media platforms, including Facebook, WhatsApp, YouTube, and X (formerly Twitter), to bully, threaten, and harass the founder of Brila FM, Dr. Larry Izamoje, in a manner that allegedly put him in fear of death, violence, or bodily harm.

The alleged offence is said to be contrary to Section 24(2)(3)(a & b) of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 (as amended) 2024.

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