By Hassanat Adebowale
A Federal High Court in Ibadan, Oyo State has declined the Oyo State Ministry of Justice’s request to take over the prosecution of three foreigners charged in connection with the explosion that occurred in Bodija Estate, Ibadan, on January 16, 2024.
The explosion, which took place at around 7:30 p.m. on Aderinola Street, off Dejo-Oyelese Street, Adeyi Avenue, Old Bodija, resulted in the deaths of five individuals and left 77 others injured. The incident also caused extensive damage to properties estimated to be worth several hundreds of millions of naira.
The accused in the case are Ramatu Camara, 47, Ganiu Malik, 20, and Abubakar Samasa, 64. They face charges including conspiracy, the use and proliferation of weapons of mass destruction, stockpiling of radioactive materials, and the dispersal of biological weapons. They have all pleaded not guilty to the charges.
On Monday, Justice N.E. Maha ruled on the state’s application, stating that only the Attorney-General of the Federation (AGF) has the legal authority to prosecute terrorism-related cases in Nigeria. The judge cited the Administration of Criminal Justice Act (ACJA) 2015 and the Terrorism and Prevention Act 2022 as the basis for her decision.
“Therefore, the Terrorism and Prevention Act 2022 provides that only the office of the Attorney-General of the Federation is authorized to prosecute terrorism-related suits. The relief sought by the applicant is hereby refused, and the application is struck out,” Justice Maha ruled.
The judge also noted that the previous prosecutor must formally withdraw from the case. As a result, she adjourned the suit until March 5 and 6 for the continuation of the hearing.
The court had previously ordered the Oyo State Ministry of Justice, represented by Mr. K.O. Moshood, to return the case file to the original prosecutor, Mr. Michael Ojeah, who had handled the case from its inception. Ojeah, a police prosecutor, had suddenly shown a lack of interest in continuing with the matter.
The defendants, Camara, Malik, and Samasa, had their charges read to them on March 6, 2024, and they pleaded not guilty to all five counts.
In Nigeria, terrorism-related crimes are treated with the utmost seriousness due to their threat to national security. The Terrorism (Prevention and Prohibition) Act 2022 gives the Attorney-General of the Federation exclusive authority to prosecute these offenses, reflecting the federal government’s responsibility to protect the country from both domestic and international threats.
This ensures that terrorism cases are handled uniformly and in line with international conventions and Nigeria’s commitments under global counterterrorism frameworks. The law prevents individual states from prosecuting terrorism cases on their own, ensuring federal oversight to avoid political interference or local bias.
In cases involving significant public harm, like the Bodija explosion, the judiciary’s commitment to due process is crucial. By maintaining the proper prosecutorial authority, the court’s decision upholds the rule of law and highlights the importance of procedural integrity in achieving justice for victims and the community.
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