From Godwin Tsa, Abuja
The Terrorism (Prohibition and Prevention) Bill, 2022 was signed into law by the President Muhammadu Buhari administration to fight insecurity in the country.
The law approved life imprisonment or death sentence for anyone convicted of hostage-taking, kidnapping, hijacking, among other related offences.
The legislation passed by the National Assembly sought to “provide for an effective, unified and comprehensive legal, regulatory and institutional framework for the detection, prevention, prohibition, prosecution and punishment of acts of terrorism, terrorism financing, proliferation and financing of the proliferation of weapons of mass destruction in Nigeria; and for related matters.”
Section 24(1a-c) of the law provides that: “A person, who knowingly or intentionally – seizes, detains, or attempts to seize or detain a person, property, or facility in order to compel a third party to do or abstain from doing a lawful act; threatens to kill, injure or continue to detain a person in order to compel a third party to do or abstain from doing a lawful act; or gives an explicit or implicit condition for the release of the person held hostage, or the property or facility detained, commits an offence.”
Section (2a-b) further provides that: “A person, who commits an offence under subsection (1) of this section, is liable on conviction –where death does not result from the act, to life imprisonment; or where death results from the act, to a death sentence.”
However, the prosecution of terrorism offences, can only be carried out by the Attorney General of the Federation, who has the legal authority to prosecute.
Section 2 of the Terrorism (Prevention) (Amendment) Act 2013 provides that the Attorney General of the Federation is the authority for the effective implementation and administration of the Act (Terrorism (Prevention) Act) and shall strengthen and enhance the existing framework to ensure the effective prosecution of terrorism matters.
Over the years, the country has witnessed an increasing number of terrorist activities occassioned by acts of insurgency.
Top among them are the deadly activities of the Boko Haram Islamic sect and other banditary groups.
Mass arrests of Boko Haram members began in 2009 and reached a peak in 2013.
However, many weren’t carried out according to criminal procedure or international human rights norms, presenting significant challenges for the criminal justice system.
The arrests included people who weren’t members or affiliates of Boko Haram, but found themselves near military operations and targeting the group.
These included merchants and community members in areas that were allegedly controlled by Boko Haram.
Regardless, the Federal Government commenced mass trials of Boko Haram suspects in military detention for terrorism offences between 2017 and 2018. But the trials exposed significant problems with Nigeria’s criminal justice system. Weak investigations, arbitrary arrests, unlawful detention and the absence of legal aid and evidences marred the cases.
In addition to the above factors, only four Judges adjudicated in the first three phases of mass trials for over 5,000 suspects. At the end of the day, most of the suspects were left off the hook.
Pending terrorism cases in court
There are, however, some high profile terrorism cases pending before the regular courts.
They include the case between the Federal Republic of Nigeria Vs Nnamdi Kanu; Federal Republic of Nigeria Vs Wadume; FRN Vs Sadiq Ugwuche (Nyanya bomber); FRN Vs Saidu Ahmed & 43 Ors (Bureau De Change Operators) who were indicted over sponsorship of terrorism, and Boko Haram suspects currently before the court.
Nnamdi Kanu’s trial
Nnamdi Kanu was first arrested by the Federal Government on October 2015 and granted bail on medical grounds in 2017, before he fled the country after his Afaraukwu home in Abia State was invaded by soldiers.
He was re-arrested and brought back to Nigeria in June, about four years after he fled the country.
He is currently facing a seven-count charge before Justice Binta Nyako of the Abuja division of the Federal High Court.
The court had on April 8, struck out eight out of the 15-count charge FG preferred against Kanu.
The charge that was sustained by the court alleged that Kanu had in his broadcast that was received and heard in Nigeria, issued a deadly threat that anyone who flouted his sit-at-home order, should write his/her Will.
The court was told that as a result of the threat, banks, schools, markets, shopping malls, fuel stations domiciled in the Eastern states of Nigeria, were not opened for businesses, and citizens and vehicular movements in the Eastern states were grounded.
The charge alleged that Kanu had on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria, inciting members of the public to hunt and kill Nigerian security personnel and their family members, thereby committing an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013. More so, FG alleged that Kanu, directed members of the IPOB “to manufacture bombs”.
It told the court that the defendant had between the month of March and April 2015, imported into Nigeria and kept in Ubuluisiuzor in Ihiala Local Government Area of Anambra State, a Radio Transmitter known as Tram 50L concealed in a container of used household items, which he allegedly declared as used household items, and thereby committed an offence contrary to section 47 (2) (a) of Criminal Code Act Cap, C45 Laws of the Federation of Nigeria 2004.
Before he fled the country, he was standing trial before Justice Binta Nyako of the Abuja division of the Federal High Court.
The Federal Government had in September 2017, charged Kanu along with three other pro- Biafra agitators, Chidibere Onwudiwe, Benjamin Madubugwu and David Nwawuisi with a five-count charge.
His trial is still pending before the court, which has dismissed his fresh bail application.
Kanu had prayed the court to release him on bail pending the determination of the treasonable felony charge the Federal Government preferred against him. The case has further been adjourned to October, this year.
Wadume’s trial
The Federal Government had in June 2020, arraigned Hamisu Bala, popularly known as Wadume, and other six defendants, on amended 13-counts of terrorism, kidnapping and other related offences.
Apart from Wadume and Mr Auwalu, other defendants are: Aliyu Dadje (a police Inspector), Uba Bala (aka Uba Delu), Bashir Waziri (aka Baba Runs), Zubairu Abdullahi (aka Basho) and Rayyanu Abdul.
Wadume was first arrested in Ibi, Taraba State, by members of the Intelligence Response Team of the Inspector-General of Police on August 6, 2019 before soldiers led by Tijjani Balarabe, a captain, aided his escape from the custody of the policemen ferrying him to Abuja.
The Mr Balarabe-led troops attached to the 93 Battalion in Takum, Taraba State, had allegedly shot at the policemen who were conveying Wadume to Abuja shortly after arresting the prime suspect in Taraba State on August 6, 2019.
The soldiers were said to have killed three policemen and two civilians while five others were wounded in the attack aimed at freeing Wadume from police custody.
They were accused of conspiring to commit felony to wit: acts of terrorism, by attacking and kidnapping one Usman Garba, aka Mayo, at his filling station in Takum, thereby committing an offence contrary to Section 17 of the Terrorism (Prevention) Amendment Act 2013.”
They were also accused of possessing six AK-47 rifles and dealing in prohibited firearms contrary to Section 27 (1)(a)(I) and (1)(b)(iii) of the Firearms Act 2004.
The Attorney-General of the Federation, Abubakar Malami, removed the names of the soldiers as defendants from the case after taking over the suit from the police in July 2020.
The prosecution led by Shuiabu Labaran called its sixth and final witness, Ben Anthony, a police investigator, in March this year.
On the parts of the defendants, they have equally closed their defence and the matter has been reserved for judgment by Justice Binta Nyako of the Federal High Court. But Wadume and some of his gang members are suspected to be among the escapees from the Kuje Correctional Centre terrorists attack last week.
Aminu Ogwuche’s trial (Nyanya bomber)
The Federal Government had in 2014, commenced full-blown trial of the alleged mastermind of the April 14, 2014, bomb blast that killed over 75 persons and wounded 100 others at a crowded motor park in Nyanya, Abuja, Aminu Ogwuche, before the Abuja Division of the Federal High Court.
Ogwuche was arrested in Sudan and extradited to Nigeria to face trial with five other accused persons who had scattered themselves to different states in the Northern parts of the country.
The other accused persons on trial alongside Ogwuche are Ahmad Rufai Abubakar (a.k.a Abu Ibrahim/Maiturare), Mohammed Sani Ishaq, Ya’u Saidu (a.k.a Kofar Rama), Anas Isah, Adamu Yusuf and Nasiru Abubakar.
They are answering to an eight-count terrorism charge that was preferred against them by the Attorney-General of the Federation and Minister of Justice.
The offence they committed was said to be contrary to Sections 1, 2(a), 5, 8, 16 and 17 of the Terrorism Prevention Amendment Act of 2013.
The trial has suffered several adjournments due to the antics of the defendants who are presently engaged in a trial-within trial.
TRIAL OF 43 BUREAU DE CHANGE OPERATORS
The Attorney-General of the Federation had announced between April and May 2021, that the investigation of the cases of sponsors of terrorism and 800 terror suspects by security forces had been concluded.
The minister assured the nation that charges of terrorism would be filed at the Federal High Court against the 1,200 suspects once the industrial action of the striking staff of the judiciary was called off.
However, the Federal Government has charged 43 Bureau de Change operators, who were arrested in March 2021 for allegedly sponsoring Boko Haram terrorists in the country.
The BDC operators were picked up from Kano, Niger, Abuja, and some other northern states over a year ago by a joint security task force made up of the military, intelligence agencies, the National Financial Intelligence Unit (NFIU), Nigeria police, and officials of the Federal Ministry of Justice.
Some of the BDC operators arrested include Baba Usaini, Abubakar Yellow (Amfani), Yusuf Ali Yusuf (Babangida), Ibrahim Shani, Auwal Fagge, and Muhammad Lawan Sani, a gold dealer.
Their trial is pending before Justice Inyang Ekwo of the Federal High Court.