Nigeria: Nyanya blast: Court frees suspect

For the first time since his extradition from Sudan in July over the April 14, 2014 Nyanya Bus terminal twin bomb blasts by Boko Haram, alleged mastermind, Aminu Sadiq Ogwuche, appeared in court yesterday where he was docked on terrorism charges.
However, his plea was not taken as the charges were struck out by Justice Adeniyi Ademola of Federal High Court, Abuja for want of diligent prosecution by the Inspector-General of Police [IGP]
The police had filed a three-count charge against the suspected British-born terrorist and Nigerian Army deserter who took refuge in Sudan shortly after the terror attack.
The charge sheet which was signed by the IGP was still pending before the High Court when the accused person was finally extradited with the help of Interpol.
Ogwuche was in the said charge[now struck out], alleged to have conspired with others (at large), to commit an act of terrorism by detonating improvised explosive devices at Nyanya Motor Park, which resulted in the death of 75 persons and injuring over 100 others.
Count two of the charge reads, “That you, Aminu Sadiq Ogwuche, Male, and others now at large, on the 14th of April, 2014 at Nyanya, FCT, Abuja, within the jurisdiction of this honourable court, did facilitate the activities of persons engaged in an act of terrorism; by detonating improvised explosive devices at the Nyanya motor park which resulted in the death of 75 persons and injuring over a hundred other persons.”
The alleged offences were said to be punishable under sections 1 (2) (d) and 17 of the Terrorism Prevention Amendment Act of 2013.
There had been controversy over his planned arraignment owing to the bickering between the Department of State Service [DSS] and the Nigerian Police Force (NPF) over who should prosecute him.
When the case was called yesterday, the police lawyer, Mr. Oloye Torugbene, was not in court and no reasons were given for his absence.
Although Ogwuche was ushered into the dock, counsel to the DSS, Mr. Clifford Osagie, said he was brought in obedience to the court order directing the agency to produce him in court yesterday.
While in the dock, Ogwuche was calm in a sky-blue coloured shirt and a brown trouser. Accordingly, the said charge was not read to the accused person and therefore, his plea was not taken.
It was at this stage that Justice Ademola struck out the three-count charge for want of diligent prosecution.
“This criminal charge is hereby struck out for want of diligent prosecution by the complainant, the Inspector-General of Police and his prosecutor,” the court ruled.
The DSS had upon taking custody of Ogwuche, promptly secured an order of a High Court permitting it to retain him in detention until the conclusion of investigations into the matter.
Specifically, the court granted the DSS 90 days to conduct and conclude its investigations.
Meanwhile, following his prolonged detention without trial, Ogwuche had approached the same court to order his immediate release.
When the matter came up yesterday, the DSS and the Attorney-General of the Federation entered appearances, urging the court to refuse the application.
Mr. Osagie informed the court that he has filed and served necessary papers in response to the application and applied for more time to file his counter-affidavit and regularized same.
Also, a counsel from the Federal Ministry of Justice, Mr. Taiwo Abidogun, who announced his appearance in protest, applied for time to do same.
The defence counsel, Ahmed Raji, said he was not opposing, but requested that his client be allowed access to his lawyer, family members and a doctor.
After some argument among lawyers over the request, the court ruled that Ogwuche be allowed access to a lawyer of his choice [three Lawyers]; his wife and brother and that he should be given medical attention and treatment at the National Hospital Abuja, if need be. Names of the family members are to be supplied to the DSS lawyer.
The court further adjourned the matter to December 5 for hearing of the originating motion.
In an ex-parte application he filed through, Mr. Ahmed Raji [SAN], Ogwuche told the court that since July 15, 2014, when he was arrested in Khartoum, Sudan and extradited to Nigeria, he had neither been arraigned, tried nor granted him administrative bail despite several demands.
The applicant who rooted his application on Sections 34, 35, 36, 41 and 43 of the 1999 Constitution, as amended, Articles 2, 6, 7(1) of the African Charter on Human and Peoples Right (Ratification & Enforcement Act), told the court that he had been denied access to his family members, medical personnel or counsel.
“The applicant is a Nigerian citizen and a student of the International University of Africa, Khartoum, Sudan. The applicant is a decent young man of 29 years trying to forge ahead academically with the hopes of a brilliant future. He has no criminal record.
“That on 15th July, 2014, the applicant was abducted in Khartoum -Sudan, brought to Nigeria by the respondents and had since been in the custody of the respondents.
“That on 2nd May, 2014, some officers and men of the first respondent invaded the family’s private apartment at 7, Paul Adimagu Close, Malali, GRA, Kaduna seeking information in connection with a telephone line- 08163311384 owned by Jamilu Sadiq.
“Jamilu Sadiq was subsequently arrested with three other domestic staff, and detained in the first respondents’ quarters from 2nd to 7th May 2014. They were, however, released as nothing incriminating was credited to their record.
“The respondents further requested to know the whereabouts of the applicant as a student of the International University of Africa, Khartoum, Sudan.
‘The applicant since his arrest and detention had been denied access to his family members, medical personnel or counsel.
“That unless this ex-parte application is granted in the interim and as a matter of urgency (pending the hearing and determination of the originating motion) the respondent will continue to violate the applicant’s rights which are guaranteed under the Constitution of the Federal Republic of Nigeria, 1999, as amended.

-- Sun News