The Federal High Court in Ibadan has refused the application of the Oyo State Ministry of Justice to take over prosecution of three foreigners facing trial over the January 16, 2024, explosion in Bodija Estate, Ibadan.
The News Agency of Nigeria recalls the incident, which occurred at 7:30p.m. at Aderinola Street, off Dejo-Oyelese Street, Adeyi Avenue, Old Bodija Ibadan, Oyo State, claimed five lives while 77 others sustained injuries.
Houses and properties estimated to be worth several hundreds of million naira were destroyed.
The defendants in the trial are; Ramatu Camara, 47, Ganiu Malik, 20 and Abubakar Samasa 64.
Ruling on the application by the state on Monday, Justice N.E. Maha said that only the Attorney-General of the Federation was the legally recognised person or office to prosecute terrorism related matters in Nigeria.
Maha cited provisions of the Administration of Criminal Justice Act (ACJA) 2015 to support her ruling.
“Therefore, the Terrorism and Prevention Act 2022 provides that only the office of the Attorney-General of the Federation (AGF) is the only one that can prosecute terrorism related suits.
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“The relief sought by the applicant are hereby refused and the application struck out,” the judge ruled.
She further said that the previous prosecutor must withdraw from the case formally.
Consequently, Maha adjourned the suit until March 5 and March 6 for continuation of hearing.
The News Agency of Nigeria recalls that the court had at last hearing ordered the Oyo State Ministry of Justice, which was represented by one K.O. Moshood, to return the case file to the original prosecutor, Michael Ojeah.
NAN reports that Ojeah was the police prosecutor who handled the case from its inception, but suddenly exhibited lack of interest in making further appearances in the matter.
Camara, Malik and Samasa had pleaded not guilty to the five counts bordering on conspiracy, use of proliferation of weapons of mass destruction, stockpiling of radioactive materials and dispersal of biological weapons when the charges were read to them on March 6, 2024.
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