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The alleged mastermind of the April 14 bomb
blast that killed over 75 persons at a crowded motor
park in Nyanya Abuja, Aminu Ogwuche, yesterday,
begged a Federal High Court sitting in Abuja to order
his immediate release from detention.
In an ex-parte application he filed through a Senior
Advocate of Nigeria, Mr. Ahmed Raji, Ogwuche, told the
court that since July 15, 2014, when he was arrested in
Khartoum, Sudan and extradited to Nigeria, he said
the Federal government has neither arraigned, tried nor
granted him administrative bail despite several
demands.
Premising his application on section 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), the accused person,
told the trial court that he has 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 has since been in the custody of the
Respondents.
“That on 2nd May 2014, some officers and men of the
1st Respondent invaded the family’s private apartment
at No 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 1st
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 has 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.
”That the health of the applicant is under serious threat
having not seen his medical personnel for about 12
weeks.
“That the grant of this interim application will reduce
the hardship being meted out on the applicant by his
continued detention by the respondents, particularly
the 1st Respondent’s refusal to grant the applicant
access to his solicitor, physician and family members”,
Raji begged the court through an affidavit in support of
the motion.
More so, he applied for, “An interim order granting bail
to the applicant or releasing the applicant forthwith
conditionally or unconditionally, pending the
determination of the substantive originating motion in
this matter.
“An interim order restraining the respondent from
continued arrest, detention, harassment and
intimidation of the applicant, his family, relations
and or business interests pending the determination of
the substantive originating motion.
As well as “An interim order directing the respondent
particularly the 1st Respondent to produce the
applicant in court for the hearing of the originating
motion in this matter pending the hearing and
determination of the originating motion”.
Joined as 1st and 2nd Respondents in the motion were
the State Security Service and the Attorney General of the
Federation.
Meantime, trial Justice Ademola Adeniyi yesterday
adjourned hearing on the bail request till November 24.
It will be recalled that planned arraignment of the
suspect on the last adjourned date, September 26,
suffered setback owing to bickering between the
Department of State Service, DSS, and the Nigerian Police
Force, over which of them should be allowed to conduct
the trial.
Sequel to a heated argument that ensued between
lawyers from the two security agencies, Justice Adeniyi
adjourned to enable the federal government to put its
house in order.
The government had in its bid to expedite the process of
extraditing the accused person from Sudan where he
escaped to shortly after the terrorist attack, entered a
three-count criminal charge before the high court.
The charge which was endorsed by the Inspector General
of Police, was still pending before the high court when
the accused person was successfully returned to the
country with the help of the Interpol in Sudan.
Meanwhile, upon taking custody of the accused person,
the DSS, promptly approached the high court for an
order permitting it to retain him in detention until the
conclusion of investigations into the matter.
Following the DSS application which was filed before
another judge of the high court, the agency was
granted 90 days to conduct and conclude its
investigations.
Though Police lawyer, Mr. Oloye Torugbene, on the last
date, made frantic efforts to dock the accused person, he
was opposed by the DSS lawyer Mr. Clifford Osagie, who
drew the attention of the court to the 90 days order of
the sister court, noting that the investigative period had
yet to elapse.
Osagie urged the Police to withdraw the pending
charge which he said was only drafted for the purpose
of securing the accused person back to the country.
Though the DSS declined to produce Ogwuche in court,
it acknowledged his presence in its custody.
Ogwuche was in the charge before the court, 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 a hundred other persons.
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.
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