2 hours ago
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Justice James Omotosho of the Federal High Court, Abuja, on Friday, discharged and acquitted 50 alleged members of the Indigenous People of Biafra (IPOB) on terrorism charges.
The judge held that the Nigerian Police Force failed to establish a prima facie case against the defendants, including four women.
He added that the prosecution failed to adduce any credible evidence linking the defendants to the crimes with which they were charged.
The Inspector-General of Police had in the charge alleged that the defendants assembled themselves inside a 911 truck with Registration No. XA-139 BDN and engaged themselves in a meeting all about and in connection with an act of terrorism.
They were alleged to have in their custody 48 black caps, 25 red caps, and six orange colour caps, and all were designed in IPOB emblem with various charms, otherwise known as “juju.”
The police called four witnesses to establish the case after which the team of defence lawyers led by Ifeanyi Ejiofor, opted for a no-submission case.
In his ruling, Justice Omotosho said Section 303 of the Administration of Criminal Justice Act 2015 makes provision for what the court should look out for in upholding or dismissing a no-case submission.
These, he said, are whether the essential element of the offence has been proved, and whether there is evidence linking the defendants with the commission of the offence with which they are charged.
The judge said: “At this stage, what the court concerns itself with is whether the prosecution has established a prima facie against the defendant such that the defendant will have to enter his defence.
“From the evidence of prosecution witnesses, there is nothing to show that the defendants are even members of IPOB.
“The only evidence presented by the prosecution witnesses is that the defendants were arrested together in a truck.
“That upon being asked where they were heading to, responded that they were going for a burial but could not name the deceased or the person who invited them.
“This cannot be sufficient reason to suspect the defendants of engaging in terrorist activities.
“The witnesses did not show that the defendants were heading for a meeting of IPOB neither was there evidence of intelligence that the defendants are terrorists.”
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