…Rejects motion seeking suspect’s transfer from DSS’ custody
A High Court of Plateau State sitting in Jos, on Tuesday, August 11, 2026, held that State High Courts have the jurisdiction to try persons accused of terrorism and terrorism-related charges under the Terrorism (Prevention and Prohibition) Act (TPPA) 2022.
The court’s ruling could significantly alter Nigeria’s war on terrorism, especially in the trial of terrorism suspects which hitherto was assumed to be the exclusive responsibility of Federal High Courts.
Ruling on a motion on jurisdiction by four suspects arrested by the Department of State Services (DSS) for allegedly partaking in the Easter 2026 Angwa Rukuba massacre in Plateau State, Justice Gedeliah Fwomyon held that Terrorism (Prevention and Prohibition) Act (TPPA) did not forbid High Courts from trying terrorism suspects.
Justice Fwomyon also held that there was nothing in the Constitution barring State Houses of Assembly from legislating on terrorism, stressing that the issue is not on the exclusive legislative list.
In the wake of the massacre, the DSS arrested the quartet of Isa Umar Ibrahim, Adamu Isa Alhassan, Auwalu Abubakar aka Auwalu Dogo, and Musa Abubakar Ibrahim aka Yaroro. Thereafter, the Plateau State government filed terrorism charges against the men.
But, in the course of trial, counsel to the defendants raised objections on the issue of jurisdiction, arguing that, under the Terrorism (Prevention and Prohibition) Act, a State High Court lacked the jurisdiction to try the accused persons.
The defence counsel further argued that since the charges against the men are terrorism, the State High Court lacked jurisdiction to entertain the matter.
However, ruling on the objection on the issue of jurisdiction raised by counsel to the defendants, Justice Fwomyon held that even though the Terrorism (Prevention and Prohibition) Act is a federal legislation, the law, however, didn’t prohibit a State High Court from prosecuting matters contained in the Act.
On whether the suspects could also be tried under the Plateau State Penal Code, the trial judge held that State penal code is not inconsistent with the Terrorism (Prevention and Prohibition) Act and that both the National and State Assemblies can validly legislate on terrorism which is not in the exclusive legislative list.
The court also rejected a motion by the third defendant, Auwalu Abubakar for transfer from the custody of the DSS to seek medical attention at the Jos University Teaching Hospital (JUTH).
Justice Fwomyon held that upon the suspects’ arrest by the DSS, a medical examination was conducted, adding that the result declared them all medically fit for detention.
While rejecting the motion seeking the third defendant’s transfer to JUTH, Justice Fwomyon also held that the court cannot grant a relief upon documents that are not placed before it.
The defendant applicant, Justice Fwomyon noted failed to furnish the court with the report upon which he sought the relief.
Justice Fwomyon therefore ruled; “Motion of the defendant is hereby refused and dismissed for failure to establish sufficient factual foundation upon which the relief is sought”.
The court thereafter adjourned the matter to 15 and 21 October 2026.
