Federal High Court Acquits Over 50 IPOB Suspects, Cites Lack of Evidence
Justice James Omotosho of the Federal High Court in Abuja has acquitted and ordered the release of over 50 individuals accused of being members of the proscribed Indigenous People of Biafra (IPOB) on terrorism-related charges. The group, which included four women, had been detained and prosecuted by the Nigeria Police Force (NPF).
In his judgment delivered on Friday, Justice Omotosho ruled that the prosecution failed to establish a credible case against the accused. He upheld the defendants’ no-case submission, stating that the evidence provided did not link the individuals to any acts of terrorism as alleged. Consequently, the judge dismissed all three charges filed against the defendants.
Background of the Case
The charges were initiated by the Inspector-General of Police, Kayode Egbetokun, and dated January 10, 2023. They were officially filed on February 9. The prosecution alleged that on or around December 12, 2023, the defendants were intercepted in Umunze Village, Uga, Aguata Local Government Area of Anambra State.
According to the police, the group was arrested by officers of the Anambra State Police Command, led by Collins Eruogwu, in collaboration with a local vigilante group. The suspects were reportedly traveling in a 911 truck with registration number XA-139 BDN, allegedly discussing activities related to terrorism.
The police claimed the suspects were found in possession of:
- 48 black caps,
- 25 red caps, and
- 6 orange caps, all bearing the IPOB emblem.
Additionally, these items were allegedly infused with charms purportedly intended to render them invisible during their illicit activities. The police further asserted that the group’s gathering aimed to intimidate residents of Anambra State, violating Section 12 of the Terrorism (Prevention and Prohibition) Act, 2022.
Court’s Decision
Justice Omotosho found that the prosecution failed to substantiate these claims with sufficient evidence. He noted that while the charges were severe, the police did not present credible proof of criminal intent or actions by the defendants.
“The absence of tangible evidence or corroboration linking the accused persons to the alleged crimes makes it impossible to sustain the charges against them,” the judge stated.
The court’s decision to dismiss the charges underscores the importance of ensuring thorough investigations and credible evidence in cases involving serious allegations such as terrorism.
Implications
The ruling is a significant legal victory for the defendants and highlights the challenges in prosecuting cases tied to the activities of proscribed groups. It also raises questions about the processes and motivations behind the arrests, as well as the broader implications for justice and human rights in the handling of terrorism cases in Nigeria.
The Nigeria Police Force and the Inspector-General of Police are yet to comment on the court’s decision. Meanwhile, human rights advocates have called for improved due diligence in prosecuting cases to avoid wrongful arrests and detentions.