More Trouble For Fubara As Court Affirms IGP Prosecution Of His Loyalists On Terrorism Charges
A Federal High Court sitting in Abuja on Friday, February 2, 2024, turned down the application by five loyalists of Governor Siminalayi Fubara seeking to stop the Inspector General of Police (IGP) from prosecuting them over charges of terrorism.
The five defendants being charged with terrorism offences by the IGP include, Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod.
The trial judge, Justice Mobolaji Olajuwon while ruling on their preliminary objections against the IGP held that the defendants were wrong in their claims that only the Attorney General of the Federation (AGF) can put them on trial.
Justice Olajuwon declared that the law especially sections 3, 63 and 74 of Terrorism Prevention Act were clear to the effect that while the AGF has Constitutional power to strengthen the terrorism prevention law, the same sections did not confer the exclusive rights to prosecute on the AGF.
The Court further said that while section 5 of the Terrorism Prevention Act confers responsibility of gathering intelligence and investigation on the police, the same section donated rights to the police to initiate criminal charges in a competent court of jurisdiction.
Justice Olajuwon specifically held that while the AGF under section 174 of the 1999 Constitution can lawfully take over, continue or terminate any initiated criminal charges, such right did not make trial an exclusive rights of the AGF.
According to Justice Olajuwon; “From the cursory look at all the authorities cited by lawyers for and against the IGP rights to initiate the instant criminal proceedings, one thing is clear and clearly too, that police can rightly initiate criminal charges including terrorism charges”.
The Court held that the preliminary objections to the trial by the defendants was incompetent, lacking in merit and therefore dismissed them.
Accordingly, Justice Olajuwon after taking arguments from lawyers from the police led by DCP Simon Lough, SAN, and Lukman Fagbemi, SAN who stood for the 1st and 2nd defendants in the matter among others, fixed Monday, February 5, 2024 for ruling in their respective bail applications.
Justice Olajuwon ordered that the five defendants be returned to Kuje Prison in Abuja pending the decision of the Court to allow them on bail or not.
The five defendants are being accused of committing alleged terrorism offences during the wake of political upheaval that rocked Port Harcourt in October 2023.
In the charges marked FHC/ABJ/CR/25/2024, in which the IGP was named as the complainant, the defendants were accused of allegedly burning down the State House of Assembly, while some of them alleged to have killed a police DPO, late SP Bako Agbashim and five police informants at Ahoada community of the state that included, late Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi.
They were also accused of using various cult groups, namely- Supreme Viking Confraternity, Degbam, Iceland and Greenland to unleash mayhem on the people of the state and commercial activities.
Specifically, they are alleged to have on October 29, 2023 at Moscow Road in Port Harcourt, the Rivers State capital, conspired to commit acts of terrorism by wilful destruction of public properties by attacking, destroying and burning of the Rivers State House of Assembly.
The IGP said the offence is punishable under section 26 of the Terrorism Prevention and Prohibition Act 2022.
