The Department of State Services (DSS) has urged a Federal High Court in Abuja not to grant bail to the five men standing trial over the June 5, 2022, attack on St. Francis Xavier Catholic Church, Owo, Ondo State, citing their alleged ties to foreign terrorist groups.
As reported by Vanguard, in a counter-affidavit opposing the defendants’ bail request, the DSS expressed concern that the suspects could interfere with witnesses, given their violent antecedents and links with extremist organisations.
The defendants – Idris Abdulmalik Omeiza (25), Al Qasim Idris (20), Jamiu Abdulmalik (26), Abdulhaleem Idris (25), and Momoh Otuho Abubakar (47) – were arraigned on August 11 on a nine-count terrorism charge filed by the DSS.
According to the security agency, the charges attract capital punishment if the accused are convicted. It noted that the attack led to the death of about 40 worshippers and left over 100 others injured.
The DSS said: “There is very high likelihood of defendants evading trial in view of their connection to foreign fighters linked to Al-Shabab terrorist group.
“The defendants’ accomplices are still at large and have been making frantic efforts to monitor their trial, intimidate witnesses and free the defendants from lawful custody.”
The DSS further disclosed that it was “currently investigating the leads with a view to apprehending those individuals, planning to intimidate witnesses and compromise the trial in the interest of the applicants.
“The prosecution witnesses have expressed fears of attacks by defendants’ cohorts and have stated that they will not attend court sessions except their fears were allayed.
“This necessitated the filing of an ex-parte application for witness protection.
“The prosecution has demonstrated readiness for speedy trial of the substantive charge. That defendants have not presented any evidence to show that they have credible sureties.
“It will not be in the interest of justice and security of prosecution witnesses to grant the application for bail,” the DSS said.
Defence lawyer Abdullahi Mohammad, while moving the bail application on Tuesday, argued that his clients had been in custody since 2022 and were prepared to provide credible sureties to guarantee their trial.
However, prosecuting counsel Dr. Calistus Eze opposed the application, stressing that threats to prosecution witnesses were still ongoing. After hearing arguments from both sides, Justice Emeka Nwite adjourned ruling on the bail application to September 10.
At the start of the hearing, Eze informed the court that the DSS had handed over the case to a Senior Advocate of Nigeria, Ayodeji Adedipe, who would now lead the prosecution. He sought an adjournment to allow the necessary fiat to be processed by the Attorney General of the Federation’s office.
Mohammad did not oppose the request, nor did he object to another application seeking the protection of the identity and personal details of the prosecution’s witnesses. The prosecution asked that witnesses be allowed to testify while hooded, that their real names not be mentioned in public records, and that they instead be identified using a combination of alphabets.
Justice Nwite granted the request in a brief ruling.
Speaking after the proceedings, Mohammad told journalists that although he had not seen his clients in detention, he was informed that they were being properly cared for.
Tuesday’s sitting was also attended by two lawyers, Edward Ogar and Vincent Adodo, who held a watching brief for the Catholic Diocese of Ondo.
