The five loyalists of Governor Siminalayi Fubara of Rivers State charged with terrorism offences before a Federal High Court in Abuja on Friday suffered a setback in their quest to stop the Inspector General of Police (IGP) from proceeding with their prosecution on terrorism charges.
Their application seeking to stop the IGP on the ground that they can only be put on trial for terrorism charges by the Attorney General of the Federation (AGF) and Minister of Justice was dismissed by the Court.
Justice Mobolaji Olajuwon, in a ruling on their preliminary objections raised against the IGP, held that the defendants were wrong in their claims that only the AGF can put them on trial.
Justice Olajuwon said the law, especially Sections 3, 63, and 74 of the Terrorism Prevention Act, were clear to the effect that while the AGF has the constitutional power to strengthen the terrorism prevention law, the same sections did not confer exclusive rights to prosecute on the AGF.
The Judge said that while Section 5 of the Terrorism Prevention Act confers responsibility for gathering intelligence and conducting investigations on the Police, the same section grants rights to the Police to initiate criminal charges in a competent court of jurisdiction.
Justice Olajuwon specifically 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 does not make trial an exclusive right of the AGF.
“From a cursory look at all the authorities cited by lawyers for and against the IGP’s rights to initiate instant criminal proceedings, one thing is clear and clearly too: the Police can rightly initiate criminal charges including terrorism charges.”
The Judge said the preliminary objections to the trial by the defendants were incompetent, lacking in merit, and subsequently dismissed them.
The five defendants charged with terrorism offences are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod.
Meanwhile, Justice Olajuwon has fixed Monday, February 5, for a ruling on their respective bail applications.
The Judge fixed the date after hearing arguments from lawyers from the Police led by Simon Lough (SAN) and Lukman Fagbemi (SAN) who represented the 1st and 2nd defendants in the matter, among others.
Justice Olajuwon ordered that the five defendants be returned to Kuje Correctional Center in Abuja pending the decision of the Court to allow them on bail or not.
The five defendants are accused of committing the alleged terrorism offences during the wake of the political upheaval that rocked Port Harcourt in October last year.
In the charges against them marked FHC/ABJ/CR/25/2024, the Inspector General of Police (IGP), Kayode Egbetokun, is named as the complainant.
Apart from allegedly burning down the State House of Assembly, some of them were said to have killed Superintendent of Police (SP) Bako Agbashim and five police informants in the Ahoada community in the state.
The police informants said to have been killed are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu, and Saturday Edi.
They were also accused of using various cult groups, namely the Supreme Viking Confraternity, Degbam, Iceland, and Greenland, to unleash mayhem on the people of the state and their commercial activities.
They are specifically alleged to have, on October 29, 2023, at Moscow Road in Port Harcourt, conspired to commit acts of terrorism by willful destruction of public properties by invading, attacking, destroying, and burning the Rivers State House of Assembly, an offence punishable under Section 26 of the Terrorism Prevention and Prohibition Act 2022.