A Federal High Court in Abuja has dismissed the two counts terrorism charges against the suspected mastermind of the bombing of the Nyanya Motor Part in Abuja, Aminu Ogwuche.
The court struck out a two-count terrorism charge against Mr. Ogwuche on Monday, after months of trial for the April 2014 attack which killed more than 70 people.
The court hinged its decision on lack of diligent prosecution by the state.
The charges were filed by the Inspector-General of Police against the suspect as part of the requirements for the extradition of the accused from Sudan, where he allegedly escaped to after the incident.
Justice Adeniyi Ademola struck out the charges on Monday on the grounds of want of diligent prosecution.
But the suspect remained in the custody of the Department of State Services.
The case since it was instituted had suffered many adjournments due to failure of the police to produce the accused, who had been in the custody of the Department of State Services since he was extradited to Nigeria.
The police and the DSS, through their respective lawyers, had also during court proceedings scrambled for the prosecution of the accused persons.
They had both claimed they were better institutions to prosecute the case than the other.
At the Monday’s proceedings, Justice Ademola struck out the suit due to the absence of the legal representative of the Inspector General of Police in court.
“This criminal charge is hereby struck out for want of diligent prosecution by the complainant, Inspector General of Police and his prosecutor,” the judge ruled.
In a related development, the judge in a fundamental rights suit filed by Ogwuche, granted an oral application sought by his counsel, Mr. Ahmed Raji (SAN) , for family members to have access to him.
The court ordered that three lawyers from Ahmed Raji’s law firm and two of Ogwuche’s family members be allowed access to the suspect who is in DSS custody.
The DSS counsel, Mr. Clifford Osagie, and the lawyer representing the Attorney-General of the Federation, Mr. Taiwo Abidogun, who are both appearing in the suit filed by Ogwuche did not oppose the oral application.
Justice Ademola then ruled, “Three lawyers from the complainant’s counsel as well as the complainant’s wife and another family member be given access to the applicant.
“Applicant (Ogeueche) be given medical care in the respondent’s custody and referred to the National Hospital, Abuja if need be.”
The judge then adjourned the matter till December 5 for hearing of the originating motion.
Ogwueche’s counsel, Raji, had asked the court to grant his client bail through the fundamental human rights suit.
He alleged that the Attorney General of the Federation and the DSS who are the respondents in the matter, were breaching the fundamental rights of the applicant by holding him endlessly against the provision of the law.
It can be recalled that Mr. Ogwuche, a suspected Boko Haram member, was accused by the Nigerian government of being behind the attack.
The blast at the Nyanya Motor Park occurred during morning peak hours as residents were hurrying to work with close to 100 deaths recorded. Click to signup for FREE news updates, latest information and hottest gists everyday
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Encouraging us to join boko haram.....
ReplyDeleteHow do you know he did it?
DeleteA country where Godfatherism is the order of the day. The innocent souls have gone and some others are dying in various prisons, while a mastermind of an attack is set free to walk on a street. God dey ooooooooo
ReplyDeleteLawless Country!
ReplyDeleteThis is unlike Nigerian police. The story would have been that this bastard was killed while trying to escape. The Boko haram judge should be tracked and disciplined too.
ReplyDeleteu will see kabiru sokoto freed one day. stupid country.
ReplyDeleteNIGERIA IS A USELESS COUNTRY. IT IS DEAD WAITING TO BE BURIED. ONE DAY THE TRUE STORY NIGERIA AND BOKO HARAM WILL COME TO LIME LIGHT. THOSE INNOCENT BLOOD WILL NOT DIE IN VAIN. JAY 2 ABUJA.
ReplyDeleteGuys this is the exchange of BH prisoners indirectly just watch the scene they are trading BH already cos of 2015 election FG will stop at nothing to retain presidential bid ! What a shame!!!!
ReplyDeleteI really pity some of those BLOCKHEADS that still believed that there is something or rather a group of people called boko haram other than gej and his pdp goverment in this country called Nigeria,ogwuche“s arrest all the way from sudan and his trail are nothing but formalities and also a way to divert attention of the mases. So,the earlier you FOOLs put aside Religion,region and tribal sentiments and do away with such a bad,wicked and heartless goverment the better for our country. What a lawless goverment!
ReplyDeleteYou are all Bull Dogs without teeth. Instead of coming here to rattle to/fro is high time Nigerians should take the bull by the horn. Imagine a guy that wasted lifes being released. I don't see any hope for Nigeria with these old cargos either in APC or PDP. This is clear case that should make Nigerians take to street and demand this BH head instead of rattling in their bedroom doors
ReplyDeleteI really pity some of those BLOCKHEADS that still believed that there is something or rather a group of people called boko haram other than gej and his pdp goverment in this country called Nigeria,ogwuche“s arrest all the way from sudan and his trail are nothing but formalities and also a way to divert attention of the mases. So,the earlier you FOOLs put aside Religion,region and tribal sentiments and do away with such a bad,useless, wicked and heartless goverment the better for our country. What a lawless goverment!
ReplyDeleteThis is arm chair journalism by Nigerian Eye. It is a lie Ogwuche was not freed. Please endeavor to be checking your facts well before printing.
ReplyDeleteThank you last writer .are we all illitrated or we are emotionally sick that we cannot read in between lines before comment.The man has not been freed .pls lets go bavk yo school if nned be and learn essay and comprehension.Am shorcked at our low intellect .we have become blinded with politics
ReplyDeleteHe is still in detention, but his case has been strucked out by court. This is precursor to his release. He may have promised to join PDP and help GEJ win Benue State. I can assure you that if Shekau decides or propose to join PDP and work for TAN, his sins will be forgiven and he will be freed for want of evidence. Afterall Asari Dokubo is now a celebrity on govt payroll in Nigeria.
ReplyDeleteTwo cases are invoved one by Polce and one by Sss .the SSS has evidence and refuse to shear with police as yhey want to be the one prosecuting at one point they were compelled to bting the suspect to court but the police has no evidence so the case was struck out.its now left for SSS to provr their case .mond yoi this is democracy.yiu must convice the court beyoind reasonable doubt.yhe rule of law must begollowed .no jungle justice like you will prefer .yhis is new Nig
ReplyDelete