BEVERLY HILLS, November 24, (THEWILL) – The suspected mastermind of the April 14 Nyanya bombing in Abuja, Aminu Sadiq Ogwuche, has won the first round of the case against him.
This is as a Federal High Court sitting in Abuja, Monday, dismissed the two-count charge filed against him by the Federal Government through the Nigeria Police for “want of diligent prosecution.”
Ogwuche was extradited from Sudan to face trial over his alleged involvement in the April 14 bomb explosion that killed over 75 persons at the Nyanya bus station in Abuja.
The trial of Ogwuche could not however begin because of the rivalry between the Police and the Directorate of State Security (DSS) over which of the two agencies to prosecute the suspect.
At the resumption of the case Monday in Abuja, presiding judge, Justice Ademola Adeniyi, however dismissed the charges against the suspect because of the absence of the Inspector General of the Police and the prosecution counsel.
Ruling on the case at the court, Justice Ademola said: “This criminal charge is hereby struck out for want of diligent prosecution by the complainant, Inspector General of Police and his prosecutor.”
Justice Ademola also granted the oral application sought by Ogwuche’s counsel, Mr. Ahmed Raji (SAN), for family members to have access to the alleged bomber as the court ordered that three lawyers from Ahmed Raji’s chambers and two of Ogwuche’s family members be allowed access to the suspect who is being held by the DSS.
“Three lawyers from the complainant’s counsel as well as the complainant’s wife and another family member be given access to the applicant,” Justice Ademola ruled following the no objection submission by the DSS lawyer, Clifford Osagie and the counsel to the Attorney General of the Federation (AGF), Mr. Taiwo Abidogun.
He also ordered that Ogwuche be given medical care in the respondent’s custody and referred to the National Hospital, Abuja if need be.
He later adjourned the matter till December 5 for hearing of the originating motion exparte with the DSS now taking full charge of the prosecution.
Ogwuche’s counsel, Raji, in an application for the enforcement of his client’s fundamental human rights, had asked the court to admit Ogwuche to bail, alleging that the AGF and the DSS who are respondents in the matter, were breaching the fundamental rights of the applicant by holding him endlessly against the provision of the law.
Raji had based his argument on the fact that when a suspect is arrested by security agents, (the respondents), the suspect should be charged before a competent court within the time allowed by law and should be allowed access to his family and lawyers.
He argued that the applicant is presumed innocent and that his fundamental right to liberty should not be infringed upon.
In an affidavit in support of the application seen by THEWILL, Ogwuche’s lawyer averred that the suspect was only trying to further his education and did not know anything about the offences preferred against him, pleading with the court to release Ogwuche if nothing was found against him.
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