Five loyalists of Governor Siminalayi Fubara of Rivers State faced a setback in their efforts to halt their prosecution for terrorism offenses as a Federal High Court in Abuja dismissed their application on Friday.
They sought to prevent the Inspector General of Police (IGP) from proceeding with their trial on terrorism charges, arguing that only the Attorney General of the Federation (AGF) and Minister of Justice could prosecute such cases.
Justice Mobolaji Olajuwon, ruling on their objections, rebuffed their claims, stating that the law, particularly sections 3, 63, and 74 of the Terrorism Prevention Act, clarified that the AGF did not possess exclusive rights to prosecute terrorism cases.
Although the AGF holds constitutional powers to enhance terrorism prevention laws, these sections do not grant exclusive prosecutorial authority.
The judge emphasized that while the Police, under section 5 of the Terrorism Prevention Act, are tasked with intelligence gathering and investigation, they also possess the right to initiate criminal charges in competent courts.
Justice Olajuwon further clarified that although the AGF can lawfully intervene in initiated criminal charges under Section 174 of the 1999 Constitution, this does not confer exclusive trial rights upon the AGF.
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“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 deemed the preliminary objections raised by the defendants during the trial as incompetent and lacking merit, consequently dismissing them. The defendants, comprising Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod, face charges of terrorism.
Justice Olajuwon has scheduled February 5th for the ruling on their bail applications, following arguments presented by lawyers from the police, including Simon Lough, a Senior Advocate of Nigeria, and Lukman Fagbemi, SAN, representing the 1st and 2nd defendants.
Pending the court’s decision on bail, Justice Olajuwon has ordered the defendants to be returned to Kuje Prison in Abuja.
(DAILYPOST)