The competence of the Inspector General of Police to prosecute individuals on terrorism-related offenses was upheld on Friday as a Federal High Court in Abuja dismissed a preliminary objection.
The charges against them were brought by the Inspector General of Police (IGP), who accused them of playing a role in the bombing of the Rivers State House of Assembly in October 2023.
Facing trial on charges related to terrorism and alleged murder are defendants Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod, known to be loyalists of Rivers state governor, Simialayi Fubara.
In response to the charges being read, each defendant pleaded not guilty.
The defendants, through their legal representation, submitted a preliminary objection, appealing to the court to cease the trial of the terrorism-related charges, contending that only the Attorney General of the Federation and Minister of Justice possesses the jurisdiction to prosecute them for such offenses.
Justice Mobolaji Olajuwon, in a ruling laden with legal significance, dismissed the defendants’ contention on Friday, pointing out the inaccuracies in their assertion that only the AGF can subject them to trial.
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Justice Olajuwon elucidated the legal nuances by stating that, while sections 3, 63, and 74 of the Terrorism Prevention Act grant constitutional authority to the AGF for strengthening anti-terrorism laws, they do not, in the same breath, bestow exclusive prosecution rights upon the AGF.
The Judge highlighted that, according to section 5 of the Terrorism Prevention Act, the responsibility for intelligence gathering and investigation is bestowed upon the police, and concurrently, the same section grants the police the right to institute criminal charges in a competent court.
Specifically, Justice Olajuwon held that while the AGF, under section 174 of the 1999 Constitution, can lawfully take over, continue, or terminate any initiated criminal charges, such right did 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 too, that police can rightly initiate criminal charges including terrorism charges”.
The Judge ruled that the defendants’ preliminary objections to the trial were both incompetent and devoid of merit.
After Olajuwon dismissed their objections, Lukman Fagbemi (SAN), the counsel for the first and second defendants, urged the court to grant bail to his clients.
While the prosecution’s counsel, Simon Lough (SAN), opposed the application, Justice Olajuwon decided to rule on their respective bail applications on Monday, February 5.
Justice Olajuwon ordered that the five defendants be remanded in Kuje Prison in Abuja until the Court’s decision on whether to grant them bail or not.