The Federal High Court in Abuja has granted an application filed by the Federal Government to reopen a terrorism charge filed against five suspects linked to the notorious terrorist kingpin, Bello Turji.
Justice Emeka Nwite granted the application in a ruling on
the motion on notice filed by the Attorney-General of the Federation (AGF)
seeking an order re-listing the charge, marked FHC/ABJ/CR/633/2024, in the
cause list of the court.
Justice Nwite held that the motion, moved by the AGF’s
lawyer, David Kaswe, was meritorious and accordingly granted.
The News Agency of Nigeria (NAN) reports that the charge was
struck out on July 8 by the judge after the defence counsel moved an oral
application to that effect for lack of diligent prosecution.
The Federal Government, through the AGF, had preferred an
11-count terrorism charge against eight defendants, including Bello Turji, who
is still at large.
In the charge filed on Dec. 16, 2024, by M.B. Abubakar, the
Director of the Department of Public Prosecutions of the Federation, Musa
Muhammed Kamarawa, Abubakar Hashimu, a.k.a. Doctor, Bashir Abdullahi, Samuel
Chinedu and Lucky Chukwuma were sued as 1st to 5th defendants.
While Bello Turji, Aminu Muhammad and Sani Lawal, who are
all at large, are sued as 6th to 8th defendants, respectively.
The suspects were alleged to have provided material services
to terrorist groups led by Turji, Kachalla Halilu, Danbokolo, Lawali,
Atarwatse, Buderi and others.
They were accused of procuring and supplying illicit drugs,
including Panta injections and cannabis plants (aka Indian hemp); food items;
military and police uniforms, camouflage, boots, caps and building materials
for the terror groups.
They were also accused of providing bags of cement, cover
zinc, bags of nails, M.M. iron rods, etc., to terrorist camps in the forests
located in Zamfara, Sokoto and Kaduna States.
The offence is said to be contrary to Section 17 of the
Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same
section of the Act.
In count four, Kamarawa and Muhammad (at large) and Lawal
(at large), sometime in 2021 in Sokoto State, allegedly aided and abetted the
commission of acts of terrorism by acquiring a military gun truck from Libya
and supplying the same to a terrorist, Kachalla Halilu, at a cost of
approximately N28.5 million (28,500,000).
They were alleged to have paid for the gun truck partly in
cash and partly via electronic transfer.
“And which you knew or had reason to believe that this
vehicle would be used by Kachalla Halilu, a known terrorist, to commit acts of
terrorism.
“You thereby committed an offence contrary to Section 18 (a)
of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the
same section of the Act,” the count read in part.
In count five, Kamarawa, Hashimu a.k.a. Doctor, and
Abdullahi, sometime in 2018 in Sokoto State, were alleged to have aided and
abetted the commission of acts of terrorism by providing material services,
including wound care, medication, and shelter, to treat gunshot injuries
sustained by Bello Turji after he led his terrorist group to attack Tungar Kolo
Village in Zurmi L.G.A. of Zamfara.
The offence is contrary to Section 8 (1) (b) of the
Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same
section of the Act.
Four of the suspects, Musa Kamarawa, Abubakar Hashimu,
a.k.a. Doctor, Samuel Chinedu and Lucky Chukwuma, who were arraigned on Dec.
23, 2024, before Justice Nwite, denied their involvement in the act.
The judge, thereafter, ordered their remand in Kuje
Correctional Centre and adjourned the matter until Feb. 10 for hearing of
pending applications, including motions for the defendants’ bail.
On March 14, the court rejected the defendants’ bail
request, granted an order for witness protection, and the prosecution opened
its case by calling its 1st prosecution witness (PW-1), simply identified as
“ABC” for security reasons.
The PW-1, while giving his testimony in the Hausa language,
referred to Musa Kamarawa as his childhood friend.
The witness told the court how another notorious bandit
leader, Kachalla Halilu, purchased a gun truck from the Republic of Niger, with
the assistance of Kamarawa, to perpetrate terrorist acts in Nigeria.
After the PW-1 gave his evidence, Justice Nwite adjourned
the matter until May 23 and May 26 for cross-examination and continuation of
trial.
However, on May 23 and May 26, the case could not go on due
to the absence of the lead prosecuting counsel, Kaswe, in court.
The lawyer, in a letter of adjournment, was said to have
travelled outside the country for an official engagement, and Justice Nwite
fixed July 8 for the continuation of the trial.
But on July 8, Kaswe was not in court, and the defence
counsel made an oral application, praying the court to strike out the case for
want of diligent prosecution, and the judge granted the application.
Meanwhile, when the matter was called, only Kaswe and A.M.
Lukman, who appeared for the 1st and 2nd defendants (Kamarawa and Hashimu),
were in court.
Kaswe then told the court that the motion on notice sought
an order re-listing the charge in the cause list.
The judge asked if all the lawyers for the defendants were
duly served, and Kaswe responded in the affirmative.
He argued that, in line with a provision of the
Administration of Criminal Justice Act (ACJA), 2015, he was entitled to five
adjournments before the matter could be struck out.
“And going by the record of this court, the prosecution has
not exhausted the time,” he said.
The judge then directed the registrar to find out from the
court file if all the defendants were duly served.
It was, however, discovered that two of the defendants’
lawyers had deposed to an affidavit that they were no longer representing them.
Responding, Kaswe submitted that since the lawyers were the
last counsel representing the accused and they were served with the motion
since Nov. 28, they ought to have appeared in court.
According to him, they cannot, through the bailiff of the
court, tell the court that they are no more representing the defendants.
Kaswe described the lawyers’ action as “unethical”, saying
it was against the rules of practice.
Justice Nwite, who agreed with Kaswe’s argument, ordered him
to move the motion.
Moving the motion on notice, Kaswe said the application,
dated Nov. 27, was filed on Nov. 28.
He said the motion was brought pursuant to Sections 6(6) and
36 of the 1999 Constitution and under the inherent power of the court.
He said the crux of the application for re-listing of the
case was to give the prosecution the opportunity to have the criminal charge
determined on its merits.
The lawyer said the prosecution already had all its
witnesses and exhibits to prosecute the case.
He cited previous cases, including the Supreme Court’s
decision, to back his argument.
“We have presented cogent reasons to have this matter
relisted in the interest of justice, public safety and national security.
“This is a case of terrorism that has an international
dimension,” Kaswe said.
He said his absence in court on July 8 was not deliberate.
According to him, the prosecution is diligent and willing to
prosecute the case if the charge is re-listed.
He said the court had the power to re-list and restore the
charge and order for continuation of hearing.
Kaswe said the defendants would not be prejudiced by the
grant of the application.
Lukman, who appeared for the 1st and 2nd defendants, did not
oppose Kaswe’s application.
The lawyer, who expressed concern that the defendants were
kept in detention for nine months while the trial lasted, reminded that the
case was struck out for lack of diligent prosecution.
Hence, Lukman asked for a cost of N10 million against the
prosecution.
Delivering the ruling, Justice Nwite held that the Federal
Government’s application was meritorious.
“I have listened to the submission of the counsel for the
applicant and gone through the affidavit evidence and exhibits, including the
written address.
“I am aware that the defendant is not objecting to this
application.
“Therefore, I am of the view, and I so hold, that this
application is meritorious and accordingly granted.
“There is no order as to cost,” the judge ruled.
The case was consequently adjourned until Jan. 21, 2026, for
hearing. (NAN)
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