THREE self-confessed Hezbollah trainees — Mustapha Fawaz, Abdallah Thahani and Talal Ahmed Rodo — charged for alleged complicity in terrorist activities in the country were Friday denied bail by the Federal High Court, Abuja Division.
The trial Judge, Justice Adeniyi Ademola, also refused the request made by the accused persons for the unsealing of Amigo Supermarket and Wonderland Amusement Park Resort, all owned by one of the suspects, Mr. Fawaz.
Instead, Justice Ademola ordered that the trial of the trio on a-six count charge of terrorism and illegal importation of firearms be accelerated.
Consequently, he fixed July 29, 30 and 31, 2013, for trial and accordingly returned them to the custody of the State Security Service (SSS). He also ordered that the accused persons' lawyers, their family members and their doctors should be allowed access to them.
In his ruling on their bail application, Justice Ademola held that the offence for which the trio are standing trial are grave and since the accused persons have dual citizenship, there is likelihood that they may not be available to face their trial.
The Judge also held that out of the many criteria available for him to explore in the exercise of his discretion in granting bail to the accuse persons, only one of that was fulfilled, which is the likelihood that the accused persons may interfere with witnesses.
"Since, the prosecution has concluded its investigation, and that their witnesses are all SSS operatives, the likelihood that the suspects may interfere with evidence or witnesses are no longer there. I, therefore, resolved this criterion in the favour of the accused," Justice Ademola ruled.
But he held that although the suspects have pleaded not guilty to the six counts, the prosecution has filed its proof of evidence such as pictures of firearms and ammunition recovered from the suspects, and after perusing the proof of evidence he has found out that prosecution has made a prima facie case against the suspects.
On the issue of the medical report presented to the court by the suspects' lawyers, the court dismissed the medical certificate that it did not conform to the requisite standard.
"I have examined the medical report and it failed to conform to the Supreme Court's decision in the case of Abacha against the State. There is no medical reports with special circumstances that will warrant the court to rely on in order to grant the accused persons bail," he ruled.
The Judge also held that since the charges are all bordered on national security, the court is reluctant to grant the suspects bail.
"Having perused the proof of evidence as regards exhibits 8(1) to 8 (4), which is a large quantity of negative weapons, the accused may jump bail. Moreover, once the security of the state is in jeopardy, it is difficult for the court to grant bail. The court, therefore, refuse the applicants/suspects bail. However, their liberty to their counsels, family members and medical team should be allowed them."
Ruling on the sealing of the Amigo Supermarket and Wonderland Amusement Park Resort, Justice Ademola held that based on the prosecutions counter affidavit that investigations are still ongoing on the said premises, it is not possible for the two properties to be opened.
"The law allows the state to takeover premises of any body for the purposes of investigation. Accordingly, the application to unseal the two premises of the fourth and fifth accused persons is hereby dismissed and the court orders accelerated hearing in the matter.
"I, therefore, adjourn this case to July 29, 30, and 31 for trial so that the case can be disposed of. This is a terrorism matter. We cannot keep suspects in the custody concluded forever. I will forgo part of my vacation to hear and determine the matter," Justice Ademola said.
The Guardian