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February 2, 2024 Court Affirms IGP’s Terrorism Charges Against 5 Fubara Loyalists

Five loyalists of Governor Siminalayi Fubara of Rivers State, facing terrorism charges in Abuja, encountered a setback in their attempt to halt the Inspector General of Police (IGP) from proceeding with their prosecution.

Their application to stop the IGP, asserting that only the Attorney General of the Federation (AGF) has the authority to try them on terrorism charges, was dismissed by a Federal High Court in Abuja.

Justice Mobolaji Olajuwon, ruling on their preliminary objections, stated that the defendants were mistaken in claiming that only the AGF could prosecute them. According to the judge, sections 3, 63, and 74 of the Terrorism Prevention Act indicate that although the AGF has the constitutional power to enhance terrorism prevention laws, the same sections do not grant exclusive prosecution rights to the AGF.

Justice Olajuwon emphasised that the Police, under section 5 of the Terrorism Prevention Act, hold the responsibility for intelligence gathering and investigation, with the right to initiate criminal charges in a competent court of jurisdiction. The judge declared the preliminary objections incompetent and lacking merit and subsequently dismissed them.

The five defendants, including Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod, face terrorism charges. Justice Olajuwon scheduled February 5 for ruling on their bail applications, ordering their return to Kuje Prison in Abuja until a decision is made on whether to grant them bail.

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