The Federal High Court in Abuja has granted an application by the Federal Government seeking to reopen a terrorism case against five suspects accused of providing material support to the notorious terror kingpin, Bello Turji.
Justice Emeka Nwite approved the application, ordering that the charge marked FHC/ABJ/CR/633/2024 be re-listed on the court’s cause list.
The judge ruled that the motion on notice filed by the Attorney-General of the Federation (AGF), and argued by government counsel, David Kaswe, was meritorious and deserved to be granted.
The case had earlier been struck out on July 8 following an oral application by defence lawyers, who argued that the prosecution had failed to diligently pursue the matter.
However, the Federal Government returned to court, urging it to revive the proceedings in the interest of justice and national security.
According to the News Agency of Nigeria (NAN), the Federal Government had filed an 11-count terrorism charge against eight defendants, including Bello Turji, who remains at large.
In the charge dated December 16, 2024, and filed by M.B. Abubakar, Director of the Department of Public Prosecutions of the Federation, the defendants listed as first to fifth are Musa Muhammed Kamarawa, Abubakar Hashimu (aka Doctor), Bashir Abdullahi, Samuel Chinedu and Lucky Chukwuma.
Turji, alongside Aminu Muhammad and Sani Lawal, both also at large, were named as the sixth to eighth defendants respectively.
The suspects are accused of providing material services and logistical support to terrorist groups allegedly led by Turji and other violent actors, including Kachalla Halilu, Danbokolo, Lawali, Atarwatse and Buderi.
Court documents allege that the defendants procured and supplied illicit drugs such as Penta injections and cannabis, food supplies, as well as military and police uniforms, camouflage gear, boots and caps to terrorist camps.
They were also accused of supplying building materials, including bags of cement, zinc roofing sheets, nails and iron rods, to camps located in forests across Zamfara, Sokoto and Kaduna states.
In one of the counts, prosecutors alleged that Kamarawa, together with Aminu Muhammad and Sani Lawal, both currently on the run, sometime in 2021 in Sokoto State, aided and abetted acts of terrorism by acquiring a military gun truck from Libya and supplying it to a terrorist identified as Kachalla Halilu.
The gun truck was allegedly purchased at a cost of about ₦28.5 million, with payments made partly in cash and partly through electronic transfers.
“And which you knew or had reason to believe that this vehicle would be used by Kachalla Halilu, a known terrorist, to commit acts of terrorism,” the court document reads.
“You thereby committed an offence contrary to Section 18 (a) of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act.”
In count five of the charge, Musa Kamarawa, Abubakar Hashimu, also known as “Doctor,” and Abdullahi were alleged to have, sometime in 2018 in Sokoto State, aided and abetted acts of terrorism by providing material support to a terrorist leader.
They were accused of rendering wound care, supplying medication, and offering shelter to treat gunshot injuries sustained by Turji after he led his group in an attack on Tungar Kolo village in Zurmi Local Government Area of Zamfara State.
The alleged offence is contrary to Section 8(1)(b) of the Terrorism (Prevention) (Amendment) Act, 2013, and is punishable under the same provision.
Background
Four of the suspects, namely Kamarawa, Hashimu (aka Doctor), Chinedu, and Chukwuma, were arraigned on December 23, 2024, before Justice Nwite. They all pleaded not guilty to the charge.
Following their arraignment, the court ordered that they be remanded at the Kuje Correctional Centre and adjourned the case to February 10 for the hearing of pending applications, including motions for bail.
On March 14, the court dismissed the defendants’ bail applications, granted an order for witness protection, and the prosecution opened its case by calling its first witness (PW-1), who was identified only as “ABC” for security reasons.
While testifying in the Hausa language, PW-1 described Musa Kamarawa as his childhood friend. He further told the court that another bandit leader, Kachalla Halilu, with the assistance of Kamarawa, procured a gun truck from the Republic of Niger to carry out terrorist attacks in Nigeria.
After the testimony of PW-1, Justice Nwite adjourned the matter to May 23 and May 26 for cross-examination and continuation of trial.
However, proceedings on both dates were stalled due to the absence of the lead prosecuting counsel, Kaswe.
In a letter seeking adjournment, Kaswe informed the court that he was outside the country on an official assignment. The judge subsequently fixed July 8 for the continuation of trial.
On July 8, Kaswe was again absent from court. Consequently, defence counsel made an oral application requesting that the case be struck out for lack of diligent prosecution. Justice Nwite granted the application.
Meanwhile, when the matter was later called, only Kaswe and A.M. Lukman, who represented the first and second defendants (Kamarawa and Hashimu), were present in court. Kaswe informed the court that his motion on notice sought an order re-listing the charge on the cause list.
When the judge asked whether all defence counsel had been duly served, Kaswe answered in the affirmative.
He argued that under the Administration of Criminal Justice Act (ACJA), 2015, the prosecution was entitled to five adjournments before a matter could be struck out.
“And going by the record of this court, the prosecution has not exhausted the time,” he said.
Justice Nwite then directed the court registrar to verify from the case file whether all the defendants had been properly served.
It was discovered that two defence lawyers had filed affidavits stating that they were no longer representing their clients.
In response, Kaswe argued that since those lawyers were the last counsel on record for the defendants and had been served with the motion since November 28, they were duty-bound to appear in court.
He maintained that they could not simply notify the court through the bailiff that they had withdrawn from the case.
Kaswe argued that granting the application would not prejudice the defendants.
Lukman, counsel for the 1st and 2nd defendants, did not oppose Kaswe’s application.
However, the lawyer expressed concern that the defendants had been kept in detention for nine months during the pendency of the trial, noting that the case was struck out due to lack of diligent prosecution.
He, therefore, requested a cost of ₦10 million against the prosecution.
In his ruling, Justice Nwite held that the Federal Government’s application was meritorious.
However, the case has been adjourned until January 21, 2026, for hearing.
