A Federal High Court in Abuja has dismissed the two counts terrorism charges against the suspected mastermind of the bombing of the Nyanya Motor Part in Abuja, Aminu Ogwuche.
The court struck out a two-count terrorism charge against Mr. Ogwuche on Monday, after months of trial for the April 2014 attack which killed more than 70 people.
The court hinged its decision on lack of diligent prosecution by the state.
The charges were filed by the Inspector-General of Police against the suspect as part of the requirements for the extradition of the accused from Sudan, where he allegedly escaped to after the incident.
Justice Adeniyi Ademola struck out the charges on Monday on the grounds of want of diligent prosecution.
But the suspect remained in the custody of the Department of State Services.
The case since it was instituted had suffered many adjournments due to failure of the police to produce the accused, who had been in the custody of the Department of State Services since he was extradited to Nigeria.
The police and the DSS, through their respective lawyers, had also during court proceedings scrambled for the prosecution of the accused persons.
They had both claimed they were better institutions to prosecute the case than the other.
At the Monday’s proceedings, Justice Ademola struck out the suit due to the absence of the legal representative of the Inspector General of Police in court.
“This criminal charge is hereby struck out for want of diligent prosecution by the complainant, Inspector General of Police and his prosecutor,” the judge ruled.
In a related development, the judge in a fundamental rights suit filed by Ogwuche, granted an oral application sought by his counsel, Mr. Ahmed Raji (SAN) , for family members to have access to him.
The court ordered that three lawyers from Ahmed Raji’s law firm and two of Ogwuche’s family members be allowed access to the suspect who is in DSS custody.
The DSS counsel, Mr. Clifford Osagie, and the lawyer representing the Attorney-General of the Federation, Mr. Taiwo Abidogun, who are both appearing in the suit filed by Ogwuche did not oppose the oral application.
Justice Ademola then ruled, “Three lawyers from the complainant’s counsel as well as the complainant’s wife and another family member be given access to the applicant.
“Applicant (Ogeueche) be given medical care in the respondent’s custody and referred to the National Hospital, Abuja if need be.”
The judge then adjourned the matter till December 5 for hearing of the originating motion.
Ogwueche’s counsel, Raji, had asked the court to grant his client bail through the fundamental human rights suit.
He alleged that the Attorney General of the Federation and the DSS who are the respondents in the matter, were breaching the fundamental rights of the applicant by holding him endlessly against the provision of the law.
It can be recalled that Mr. Ogwuche, a suspected Boko Haram member, was accused by the Nigerian government of being behind the attack.
The blast at the Nyanya Motor Park occurred during morning peak hours as residents were hurrying to work with close to 100 deaths recorded.
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