The five supporters of Rivers State Governor Siminalayi Fubara, who were charged on Friday in Abuja with terrorism offenses, faced an obstacle in their attempt to prevent the Inspector General of Police (IGP) from pursuing their prosecution.
A Federal High Court in Abuja rejected their suit on Friday, attempting to suspend the IGP on the grounds that they could only be tried for terrorism by the Attorney General of the Federation (AGF) and the Minister of Justice.
In addressing the defendants’ initial arguments against the IGP, Justice Mobolaji Olajuwon ruled that the defendants’ assertion that the AGF alone has the authority to bring them to trial was incorrect.
The law, particularly sections 3, 63, and 74 of the Terrorism Prevention Act, according to Justice Olajuwon, makes it plain that, although the AGF is constitutionally empowered to enhance the legislation against terrorism, the same sections do not grant the AGF the exclusive ability to prosecute.
Although section 5 of the Terrorism Prevention Act assigns police the duty of gathering intelligence and conducting investigations, the Judge stated that the same section also grants police the authority to file criminal charges in a court of competent jurisdiction.
Specifically, Justice Olajuwon found that while the AGF, under section 174 of the 1999 constitution can lawfully take over, continue or terminate any initiated criminal proceedings, such ability does not make trial an exclusive right of the AGF.
“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 judge dismissed the defendants’ preliminary objections to the trial, finding them to be unfounded and incompetent.
Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod are the five defendants facing terrorism-related charges.
Judge Olajuwon has scheduled Monday, February 5th, for the decision on each of their bail petitions.
After hearing arguments from police attorneys, including Lukman Fagbemi, SAN, and Simon Lough, a Senior Advocate of Nigeria, who represented the first and second defendants in the case, the judge set the date.
Judge Olajuwon ruled that the five suspects would be sent back to Kuje Prison in Abuja while the court considered whether to grant them bail.
