The Federal High Court in Abuja on Friday dismissed the bail applications filed by four suspects linked to notorious bandit kingpin Bello Turji.
Justice Emeka Nwite, in a ruling, held that the Attorney-General of the Federation (AGF), who is prosecuting the charge, had made a compelling case against the defendants that releasing them would be a great threat to the nation’s national security.
Justice Nwite agreed with the arguments of David Kaswe, counsel to the AGF, that though granting bail is at the court’s discretion, this decision must be exercised judicially and judiciously.
Justice Nwite, who granted an accelerated hearing of their trial, however, dismissed the bail plea.
The judge equally granted an ex-parte motion moved by Kaswe, seeking the protection of the witnesses as the trial commenced immediately.
Kaswe, on Feb. 10, had argued that the defendants, if granted bail, might abscond.
The lawyer submitted that there was contending evidence that the defendants played significant roles in the terrorism activities led by Bello Turji in the northern part of the country.
He said if granted bail, the defendants might interfere with the evidence.
He argued that bail is not an absolute right, particularly when it borders on national security.
He said in considering bail applications, the court should equally consider the nature of the charge, the severity of the punishment, among other factors.
He said the character of evidence against the defendants were very strong, as they are being charged with terrorism offences.
The lawyer urged the court to take judicial notice that some other members of the group listed as defendants were still at large.
He said, “chief among them is the 6th defendant, Bello Turji, who continues to cause mayhem and havoc to innocent Nigerians and has become a threat to national security.”
Delivering the ruling, Justice Nwite said he was not unmindful of the constitution that a person charged with criminal offence is innocent until proven guilty.
The judge, however, said that all facts had to be considered.
Justice Nwite had, on Dec 23, 2024, ordered the remand of the four suspected terrorists in Kuje Correctional Centre.
The judge made the order after the defendants pleaded not guilty to the 11-count charge bordering on terrorism following their arraignment.
Justice Nwite consequently adjourned the matter until Feb. 10 for trial.
The four suspects, Musa Kamarawa; Abubakar Hashimu, a.k.a. Doctor; Samuel Chinedu and Lucky Chukwuma, denied their involvement in the offences with which they were charged when the 11 counts were read to them.
Although eight defendants were listed on the face of the charge, three of them, including Bello Turji, were at large.
However, shortly after the court registrar called the case, only four defendants were in court.
Justice Nwite then asked about the whereabouts of Bashir Abdullahi, who is the third defendant.
Kaswe then told the court that Abdullahi was also at large.
The lawyer, therefore, sought the leave of the court to enter “at large” for Abdullahi and the judge granted the oral application after it was not opposed by the defence lawyers.
The FG, through the office of the AGF, had filed the 11-count charge marked: FHC/ABJ/CR/633/2024 against the eight defendants, four of who are at large.
In the charge filed on Dec. 16 by M.B. Abubakar, Director, Department of Public Prosecutions of the Federation, Musa Muhammad Kamarawa; Abubakar Hashimu, a.k.a. Doctor; Samuel Chinedu and Lucky Chukwuma were sued as 1st, 2nd, 4th and 5th defendants.
While Bashir Abdullahi, Bello Turji, Aminu Muhammad and Sani Lawal, who are all at large, are sued as third, sixth, seventh and eighth defendants respectively.
In count one, Musa Kamarawa; Abubakar Hashimu, aka Doctor; Bashir Abdullahi; Samuel Chinedu; Lucky Chukwuma; Bello Turji (at large); Aminu Muhammad (at large) and Sani Lawal (at large), sometime between 2018 and 2022 in Sokoto State, were alleged to have conspired among themselves to commit the terror act.
They were alleged to have provided material services to terrorists groups led by Turji, Kachalla Halilu, Danbokolo, Lawali, Atarwatse, Buderi and others, by procuring and supplying illicit drugs, including penta injections and cannabis plants (aka indian hemp); food items; military and police uniforms, camouflage.
They were also alleged to have supplied , boots, caps and building materials, including bags of cement, cover zinc, bags of nails, M.M. iron rod, etc., to terrorist camps in the forests located in Zamfara, Sokoto and Kaduna States.
The offence is said to be contrary to Section 17 of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act.
In count four, Kamarawa, Muhammad (at large) and Lawal (at large), sometime in 2021 in Sokoto State, allegedly aided and abetted the commission of acts of terrorism by acquiring a military gun truck from Libya and supplying same to a terrorist, Kachalla Halilu, at a cost of approximately N28.5 million (28,500,000).
They were alleged to have paid for the gun truck partly in cash and partly via electronic transfer.
The offence, the federal government said, is contrary to Section 18 (a) of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act,” the count read in part.
The offence, the prosecution also said is contrary to Section 8 (1) (b) of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act.
