A Federal High Court in Abuja on Friday discharged and acquitted 50 individuals accused of being members of the proscribed Indigenous People of Biafra and standing trial on terrorism-related charges.
Justice James Omotosho, in his ruling, upheld the no-case submission filed by the defendants, declaring that the prosecution failed to provide credible evidence linking them to the allegations.
Delivering judgment, Justice Omotosho said, “The prosecution could not establish a prima facie case against the defendants. The evidence presented failed to prove any connection between the accused and the allegations of terrorism leveled against them.”
The judge explained that Section 303 of the Administration of Criminal Justice Act 2015 outlines the criteria for determining whether a no-case submission should be upheld.
He stated, “The court must consider whether the essential elements of the alleged offence have been proven, whether there is evidence linking the defendants to the offence, or if the prosecution’s evidence has been so discredited under cross-examination that it would be unsafe to convict based on it.”
The judge noted that the only evidence presented was the arrest of the defendants in a truck, with no proof of involvement in any terrorist activities.
“According to prosecution witnesses, the defendants were arrested while traveling in a truck and claimed to be attending a burial. However, they could not provide the name of the deceased or the person who invited them. This alone cannot substantiate claims of terrorism,” he said.
The court also dismissed allegations that the defendants engaged in a gunfight with police officers during their arrest, stating that the evidence presented failed to implicate them.
“The defendants, including women and elderly individuals, acted peacefully throughout their arrest. The items recovered—calabashes, cowries, red cloth, and figurines—are cultural artifacts and not weapons for terrorism,” Justice Omotosho said.
He further emphasised that cowries and calabashes, commonly used for traditional purposes, cannot be linked to terrorist activities without concrete evidence. On the charge of conspiracy, the judge ruled that the prosecution failed to prove any intent or meeting of minds among the defendants to commit an illegal act.
He added, “This case appears to be a trumped-up charge against individuals who were simply unfortunate to be arrested together. The prosecution’s case was flimsy and lacked substance.”
The Inspector-General of Police had accused the 50 defendants of assembling in a truck while promoting acts of terrorism, claiming they possessed caps and charms allegedly linked to IPOB. However, the court struck out the charges, citing insufficient evidence.
Justice Omotosho discharged and acquitted all the defendants, declaring, “The prosecution has failed to establish any case against the defendants. Their no-case submission is upheld, and they are hereby discharged and acquitted of all charges.”
