Justice Emeka Nwite of the Federal High Court, Abuja, has refused the bail request made by five alleged Al-Shabab suspected terrorists who, allegedly, attacked a Catholic Church in Owo town, Ondo State. Over 40 worshippers died in the attack.
Justice Nwite, who dismissed their bail application, held that the terrorism charges against them were capital in nature.
The Judge also held that they were accused of the membership of a strong terrorist organization who may intimidate witnesses, and influence and jeopardize the trial of the defendants before the Court.
Delivering a ruling on the bail application, Nwite upheld the arguments of the Department of the State Service, (DSS), that the evidence against the alleged terrorists was strong and cannot be glossed over.
Besides, the Judge said that the argument of the DSS that they will jump bail and bolt away if allowed to go home was not disputed and deemed to be true.
Justice Nwite also upheld the submission of the Security Agency that the five accused persons did not establish having credible sureties that can stand for them pending their trial.
He said that the arguments of the DSS that admitting them to bail would amount to judicial risk was also not challenged by their lawyers.
In all, Justice Emeka Nwite held that the defendants failed to give cogent and verifiable reasons on why they should be allowed home pending their trial and subsequently dismissed the bail request.
Earlier, before going into the merit of the bail application, the Judge had declared the motion on notice incompetent on the grounds that the names of the five defendants were not listed on the motion paper as required by law.
The five accused persons are Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris and Momoh Otuho Abubakar.
While arguing the application, their lawyer had submitted that the accused persons have assembled reliable and responsible sureties to stand for them.
While granting accelerated trial, Justice Emeka Nwite fixed October 19 for commencement of trial.
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