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.
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
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.
