A Federal High Court in Abuja on Friday ordered suspected bombers of Nyanya, a suburb of Abuja, on April 14, 2014, to remain in the custody of the Department of State Services.
ogwuche
Justice Ahmed Mohammed made the order after the accused persons pleaded not guilty to eight counts of terrorism charges.
The six accused persons are Aminu Ogwuche, Akhmad Rufai Abubakar (aka Abu Ibrahim/Maitirare), Mohammed Sani Ishaq, Ya’u Saidu (aka Kofar Rama), Anas Isah, Adamu Yusuf and Nasiru Abubakar.
They were arraigned on an eight-count charge filed by the office of Attorney-General of the Federation, to which the accused persons pleaded not guilty.
They were accused of conspiracy, engaging in act of terrorism, belonging to Boko Haram, an outlawed group, and refusal to disclose to security agencies, information that would have help prevent an act of terrorism.
Ogwuche was, in count six, accused of rendering supports to a terrorist group by giving money at different times and places in Abuja to the widows of members of the terrorist organisation known as Boko Haram.
Ogwuche and Abubakar (aka Dr. Tsiga) were, in count seven, accused carrying out “surveillance and identified Silverbird Galleria and other locations as potential targets of terrorist attack.”
Shortly after the accused persons pleaded to the charge, lead prosecution lawyer and Director of Public Prosecution of the Federation, Mohammed Saidu Diri, applied that the court further remand the accused persons in the custody of the DSS.
Diri, who relied on the provision of Section 27(1) of the Terrorism Prevention Act 2013 (as amended), said his application was informed by the recent increase in cases of prison breaks in the country.
The defence team led by Armed Raji (SAN) objected strenuously to Diri’s application. He urged the court to remand the accused persons in prison custody pending the conclusion of trial.
Raji argued that the court would be unfair to the accused person, should it allow their detention in the custody of the agency involved in the prosecution of the accused.
The defence argued that it was an indictment on the state that it could not provide adequate security in the prisons
Ruling, Justice Mohammed upheld Diri’s argument. The judge held that Section 27(1) of the TPA allowed the detention or remand of accused persons in the custody of law enforcement agencies once the prosecution made an application to that effect.
He adjourned to March 17 (at 1pm) for the commencement of trial.
ABUJA—A Federal High Court sitting in Abuja, yesterday, struck out the three-count terrorism charge preferred against Aminu Ogwuche, the alleged mastermind of the April 14, 2014 bomb blast that killed more than 75 persons and injured 120 others at a crowded motor park in Nyanya Abuja.
ogwuche
The charges was entered against him by the Inspector-General of Police.
In his ruling yesterday, Justice Ademola Adeniyi struck out the matter for want of diligent prosecution by the police.
However, the court gave the Department of State Services, DSS, the nod to retain the accused person in its custody until December 5 when it will hear an application seeking his release on bail.
While adjourning the matter, Justice Adeniyi directed the DSS to allow a team of three lawyers representing the accused person; his wife and one of his family members to periodically visit him in the detention cell.
The court further ordered that the accused be given medical attention and treatment in custody, adding that the DSS should not hesitate to transfer him to the National Hospital should the need arise.
Plans to arraign Ogwuche on September 26 failed because of bickering between the DSS and Police over which of them should be allowed to conduct the trial.
Following a heated argument that ensued between lawyers from the two security agencies, Justice Adeniyi adjourned to enable the Federal Government put its house in order.
The government had in its bid to expedite the process of extraditing the accused person from Sudan where he fled to shortly after the terrorist attack, entered the three-count charge that was struck out yesterday.
DSS, Police fight for control
The charge which was endorsed by the IGP was still pending before the court when the accused person was successfully extradited to the country with the help of the Interpol in Sudan.
Meanwhile, upon taking custody of the accused person, the DSS approached the court for an order permitting it to retain him in detention until conclusion of investigations into the matter.
Following the DSS application which was filed before another judge of the high court, the agency was granted 90 days to conduct and conclude its investigations.
Though Police lawyer, Mr. Oloye Torugbene, had on July 9, made frantic efforts to dock the accused person, he was opposed by the DSS lawyer, Mr. Clifford Osagie, who drew the attention of the court to the 90 days order of the sister court, noting that the investigative period had yet to elapse.
Osagie urged the Police to withdraw the pending charge, which he said was only drafted for the purpose of extraditing the accused person to the country, a request that was ignored.
How the case progressed
Ogwuche had in an ex-parte application he filed through Mr. Ahmed Raji (SAN), told the court that since July 15, 2014, when he was arrested in Khartoum, Sudan and extradited to Nigeria, the Federal Government has neither arraigned, tried nor granted him administrative bail despite several demands.
Premising his application on Sections 34, 35, 36, 41 and 43 of the 1999 Constitution, as amended, Articles 2, 6, 7(1) of the African Charter on Human and Peoples Right (Ratification & Enforcement Act), Ogwuche told the court that he has been denied access to his family members, medical personnel and counsel.
“The applicant is a Nigerian citizen and a student of the International University of Africa, Khartoum, Sudan. The applicant is a decent young man of 29 years trying to forge ahead academically with hopes of a brilliant future. He has no criminal record.
“That on July 15, 2014, the applicant was abducted in Khartoum, Sudan, brought to Nigeria by the respondents and has since been in custody of the respondents.
“That on May 2, 2014, some officers and men of the 1st Respondent invaded the family’s private apartment at No 7, Paul Adimagu Close, Malali, GRA, Kaduna seeking information in connection with a telephone line- 08163311384 owned by Jamilu Sadiq.
“Jamilu Sadiq was subsequently arrested with three other domestic staff and detained in the 1st Respondent’s quarters from 2nd to 7th May, 2014. They were, however, released as nothing incriminating was credited to their record.
“The Respondents further requested to know the whereabouts of the applicant as a student of the International University of Africa, Khartoum, Sudan.
“The applicant since his arrest and detention has been denied access to his family members, medical personnel or counsel.
“That unless this ex-parte application is granted in the interim and as a matter of urgency (pending the hearing and determination of the originating motion) the respondent will continue to violate the applicant’s rights which are guaranteed under the constitution of the Federal Republic of Nigeria, 1999, as amended.
“That the health of the applicant is under serious threat having not seen his medical personnel for about 12 weeks.
“That the grant of this interim application will reduce the hardship being meted out on the applicant by his continued detention by the respondents, particularly the 1st Respondent’s refusal to grant the applicant access to his solicitor, physician and family members”, Raji begged the court through an affidavit in support of the motion.
More so, he among others applied for, “an interim order granting bail to the applicant or releasing the applicant forthwith conditionally or unconditionally, pending the determination of the substantive originating motion in this matter.” Joined as 1st and 2nd Respondents in the motion were the DSS and the Attorney General of the Federation.
The charge against Ogwuche
Ogwuche was, in the charge that was struck out, alleged to have conspired with others (at large), to commit an act of terrorism by detonating improvised explosive devices at Nyanya Motor Park, which resulted in the death of 75 persons and injuring more than 100 other persons.
Count two of the charge read: “That you, Aminu Sadiq Ogwuche, Male, and others now at large, on the 14th of April, 2014 at Nyanya, FCT, Abuja, within the jurisdiction of this honourable court, did facilitate the activities of persons engaged in an act of terrorism, by detonating improvised explosive devices at the Nyanya motor park which resulted in the death of 75 persons and injuring more than 100 other persons.”
The alleged offences were said to be punishable under Sections 1 (2) (d) and 17 of the Terrorism Prevention Amendment Act of 2013.
I ‘ll kill more infidels –Ogwuche
Aminu Sadiq Ogwuche, Nyanya Bomber
Shortly after his extradition and arrival at the Presidential Wing of the Nnamdi Azikiwe International Airport, Abuja on July 15, the alleged mastermind of the Nyanya bomb blast had boasted that he was still lusting to shed more blood of those he described as “infidels.”
“If I am left alone, I will still kill those infidels who have refused to repent of their sins against Allah. This is my mission on earth. My mission is to wipe out infidels from the face of the earth. You call me bomb detonator, and I love that. I am ready to kill again. In fact, I enjoy killing people who are unbelievers; those deceived by western education and disobedient to Allah and His Holy Koran. I don’t care what will happen to me now because if I die, I shall go to heaven for doing God’s work. I won’t beg anybody for forgiveness but I can assure you that my so-called trial will not be an easy exercise. If I like, I plead not guilty in court to make things difficult for the Federal Government but inside my mind, I know I did the damn thing. It is my word against Federal Government evidence. I know a little bit about the intricacies of the law through the study of several law books. Nobody can push me around because I am not a fool,” said Ogwuche who was born in the United Kingdom.
Regaling his interrogators with gory tales of his exploits in the world of violence, Ogwuche said he and hundreds of Boko Haram members were trained in Somalia and Pakistan in the science of terrorism.
“I don’t deny that we have links with foreign terrorist groups. We have many friends as well as may enemies. It doesn’t matter if I am killed others will continue the struggle. There are millions of Boko Haram members in Nigeria and overseas. Was our great leader Mohammed Yusuf not killed, did his death lead to the end of the Boko Haram? We are determined to start a big jihad across the nation, first, wait and see. Our is something like spiritual revolution. When they arrested Kabiru Sokoto, they celebrated as if Boko Haram is all about Kabiru Sokoto. That is how they celebrated the death of Yusuf Mohammed. They will keep celebrating individuals while million agents of Boko Haram operate,” he said.
ABUJA – The alleged mastermind of the April 14 bomb blast that killed over 75 persons at a crowded motor park in Nyanya Abuja, Aminu Ogwuche, yesterday, begged a Federal High Court sitting in Abuja to order his immediate release from detention.
Aminu Sadiq Ogwuche, Nyanya Bomber
In an ex-parte application he filed through a Senior Advocate of Nigeria, Mr. Ahmed Raji, Ogwuche, told the court that since July 15, 2014, when he was arrested in Khartoum, Sudan and extradited to Nigeria, he said the Federal government has neither arraigned, tried nor granted him administrative bail despite several demands.
Premising his application on section 34, 35, 36, 41 and 43 of the 1999 Constitution, as amended, Articles 2, 6, 7(1) of the African Charter on Human and Peoples Right ( Ratification& Enforcement Act), the accused person, told the trial court that he has been denied access to his family members, medical personnel or counsel.
“The applicant is a Nigerian citizen and a student of the international University of Africa, Khartoum, Sudan. The applicant is a decent young man of 29 years trying to forge ahead academically with the hopes of a brilliant future. He has no criminal record.
“That on 15th July, 2014, the applicant was abducted in Khartoum -Sudan, brought to Nigeria by the Respondents and has since been in the custody of the Respondents.
“That on 2nd May 2014, some officers and men of the 1st Respondent invaded the family’s private apartment at No 7, Paul Adimagu Close, Malali, GRA, Kaduna seeking information in connection with a telephone line- 08163311384 owned by Jamilu Sadiq.
“Jamilu Sadiq was subsequently arrested with three other domestic staff and detained in the 1st Respondents quarters from 2nd to 7th May 2014. They were however released as nothing incriminating was credited to their record.
“The Respondents further requested to know the whereabouts of the applicant as a Student of the international University of Africa, Khartoum, Sudan.
”The applicant since his arrest and detention has been denied access to his family members, medical personnel or counsel.
“That unless this ex-parte application is granted in the interim and as a matter of urgency ( pending the hearing and determination of the originating motion) the respondent will continue to violate the applicant’s rights which are guaranteed under the constitution of the Federal Republic of Nigeria, 1999, as amended.
”That the health of the applicant is under serious threat having not seen his medical personnel for about 12 weeks.
“That the grant of this interim application will reduce the hardship being meted out on the applicant by his continued detention by the respondents, particularly the 1st Respondent’s refusal to grant the applicant access to his solicitor, physician and family members”, Raji begged the court through an affidavit in support of the motion.
More so, he applied for, “An interim order granting bail to the applicant or releasing the applicant forthwith conditionally or unconditionally, pending the determination of the substantive originating motion in this matter.
“An interim order restraining the respondent from continued arrest, detention, harassment and intimidation of the applicant, his family, relations and or business interests pending the determination of the substantive originating motion.
As well as “An interim order directing the respondent particularly the 1st Respondent to produce the applicant in court for the hearing of the originating motion in this matter pending the hearing and determination of the originating motion”.
Joined as 1st and 2nd Respondents in the motion were the State Security Service and the Attorney General of the Federation.
Meantime, trial Justice Ademola Adeniyi yesterday adjourned hearing on the bail request till November 24.
It will be recalled that planned arraignment of the suspect on the last adjourned date, September 26, suffered setback owing to bickering between the Department of State Service, DSS, and the Nigerian Police Force, over which of them should be allowed to conduct the trial.
Sequel to a heated argument that ensued between lawyers from the two security agencies, Justice Adeniyi adjourned to enable the federal government to put its house in order.
The government had in its bid to expedite the process of extraditing the accused person from Sudan where he escaped to shortly after the terrorist attack, entered a three-count criminal charge before the high court.
The charge which was endorsed by the Inspector General of Police, was still pending before the high court when the accused person was successfully returned to the country with the help of the Interpol in Sudan.
Meanwhile, upon taking custody of the accused person, the DSS, promptly approached the high court for an order permitting it to retain him in detention until the conclusion of investigations into the matter.
Following the DSS application which was filed before another judge of the high court, the agency was granted 90 days to conduct and conclude its investigations.
Though Police lawyer, Mr. Oloye Torugbene, on the last date, made frantic efforts to dock the accused person, he was opposed by the DSS lawyer Mr. Clifford Osagie, who drew the attention of the court to the 90 days order of the sister court, noting that the investigative period had yet to elapse.
Osagie urged the Police to withdraw the pending charge which he said was only drafted for the purpose of securing the accused person back to the country.
Though the DSS declined to produce Ogwuche in court, it acknowledged his presence in its custody.
Ogwuche was in the charge before the court, alleged to have conspired with others (at large), to commit an act of terrorism by detonating improvised explosive devices at Nyanya Motor Park, which resulted in the death of 75 persons and injuring over a hundred other persons.
Count two of the charge reads, “That you, Aminu Sadiq Ogwuche, Male, and others now at large, on the 14th of April, 2014 at Nyanya, FCT, Abuja, within the jurisdiction of this honourable court, did facilitate the activities of persons engaged in an act of terrorism; by detonating improvised explosive devices at the Nyanya motor park which resulted in the death of 75 persons and injuring over a hundred other persons.”
The alleged offences were said to be punishable under sections 1 (2) (d) and 17 of the Terrorism Prevention Amendment Act of 2013.
