(ABUJA)
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.
(All Africa)
Nyanya Bombing Suspect, Ogwuche, Begs Court for Bail
Reviewed by Unknown
on
Tuesday, November 11, 2014
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