ISWAP attacks: Court exonerates DSS over terror suspect’s whereabouts

The Federal High Court in Abuja has exonerated the Department of State Services (DSS) over the alleged detention and killing of an Islamic State – West Africa Province (ISWAP) terror suspect, Yusuf Lukman Omeiza.

Justice Musa Liman, in a judgement, held that the plaintiffs failed to prove their claim that the suspect was killed by the defendants.

The plaintiffs, Alhaji Jimoh Yusuf and Mrs Fati Mohammed, had dragged the DSS to the court, alongside the Attorney General of the Federation (AGF), over the alleged arrest, detention and killing of Mr Omeiza, who was identified as the leader of ISWAP in Kogi.

Mr Omeiza (aka Magas) was arrested by the DSS on Oct. 1, 2015, in Okene, Kogi, over alleged terrorism-related offences that include bank attacks and robberies in the area.

The plaintiffs filed the case on Feb. 18, 2021, in a suit marked FHC/ABJ/CS/193/2021.

They had sought three reliefs through their lawyer, Ejumejowo Asuotu.

The relief Ms include a declaration that the arrest, detention and killing of their son and brother, Yusuf Lukman Omeiza, without a trial by a competent court of law was unlawful and a breach of his fundamental right to life.

“A declaration of this honourable court that the unlawful arrest, detention and killing of Yusuf Lukman Omeiza by the 1st defendant has occasioned a traumatic emotional pain to the plaintiffs and their family.

“An order of this honourable court directing the 1st and 2nd defendants jointly and severally to pay the plaintiff the sum of N10,000,000,000.00 (ten billion naira) only as damages suffered by the plaintiff and their family occasioned by the unlawful killing of Yusuf Lukman Omeiza.”

The DSS counsel, Abdullahi Muhammad of Messrs Compass Chambers, had argued that the plaintiffs’ case, particularly the crucial allegation of Omeiza’s “killing”, appeared to be largely predicated on hearsay evidence, which he said was inadmissible in law according to Section 38 of the Evidence Act 2011.

The defence counsel said the plaintiff’s 1st prosecution witness (PW-1), as the sole witness for the plaintiffs, testified about the alleged “killing” of Omeiza.

However, under cross-examination, she admitted that this allegation was based on “assumption”.

This “assumption”, the defendant’s counsel said, “is clearly not based on direct observation or personal knowledge of the event of killings but rather on information or belief derived from others, or from a lack of information regarding his whereabouts.”

“Any testimony by PW-1 suggesting that Yusuf Lukman Omeiza was ‘killed’ by the 1st defendant, without her having been an eyewitness to such an event or having concrete, verifiable evidence of it, amounts to hearsay,” he said.

The DSS counsel said, “The plaintiffs have not presented any direct evidence from anyone who witnessed the alleged killing or who has direct knowledge of it.”

According to him, they have not produced any official document, or any document at all, that confirms Yusuf Lukman Omeiza’s death.

“The absence of a death certificate, a police report confirming death, or testimony from any medical professional or coroner further underscores the hearsay nature of their claim,” Muhammad had argued.

He further argued that since the plaintiffs had failed to prove their allegation of killing against the DSS, they were therefore not entitled to any damages.

The lawyer also tendered documentary evidence showing that the DSS had transferred the suspect to a sister agency facility after his arrest.

This submission was also corroborated by other documentary evidence tendered during the trial by the Nigerian Human Rights Commission (NHRC).

Delivering the judgement on Thursday, Justice Liman ruled that the plaintiffs couldn’t prove their claim that the suspect was killed by the defendants.

The presiding judge therefore refused to award damages sought by the plaintiffs.

The judge, instead, awarded N300,000 in damages in favour of the defendants.

It would be recalled that Omeiza was arrested over his alleged involvement in terrorism-related activities that include the robbery attack at First Bank Plc Okene.

During the incident, two policemen were killed.

He was allegedly involved in another robbery at the NEPA (PHCN) office, Okene, where N450,000 was carted away, and a robbery at Ogaminana, Adavi LGA, where N24.7 million, being the salary of Adavi LGA staff, was carted away.

It was alleged that after the robbery, the stolen N24.7 million was allegedly taken to Omeiza’s residence at No. 17, Inozomi Okene, where it was shared. (NAN)

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