Abuja: The Federal Government, for the second time on Monday, opened its case against Aminu Ogwuche and five others charged with the 2014 Nyanya bombings, which claimed the lives of no fewer than 70 people and injured scores.
When the matter was called, the prosecuting counsel, Mr David Kasue, told the court of an earlier order allowing his witnesses to be protected.
Kasue said that only persons directly involved in the case and accredited media organisations covering the court are allowed in the courtroom.
The trial judge, Justice Peter Lifu, then called for a brief recess in the matter, and when the court resumed, he informed the prosecution that he could not send the law students out since they were in court to learn.
The witness was then brought in, and he shielded his face with a mask and a hood over his head.
Counsel to Ogwuche, Mr Nureni Jimoh, SAN, protested the use of a face shield. Still, when the witness said that he was not comfortable testifying without the shield, he conceded to allow the trial to proceed.
Kasue then proceeded to lead the witness, identified as PW1 in evidence.
The prosecution witness, who stated that he had worked with the Department of State Services (DSS) for 23 years, described to the court how the six accused persons were arrested and taken into custody.
He narrated how Ogwuche, the 1st defendant, was arrested in Sudan and extradited to Nigeria.
“What led to his arrest was that during the interview of the 3rd defendant, Mohammed Ishaq, he described an individual whom he said was one of their supporters and who had provided them financial support, that is, members of Boko Haram.
“The first defendant had been known to the DSS as a person of interest who had earlier been in custody, having been deported from the United Kingdom,” the witness said.
However, Ogwuche’s counsel objected that the witness could not give oral evidence about his client’s deportation, as it must be backed by a document showing the purported deportation.
The prosecution requested that the court disregard the objection because once a witness had given oral evidence of facts that were necessary or relevant to the case, it was admissible.
Referring to Section 7 of the Evidence Act, the prosecutor submitted that the fact of deportation was key and relevant to the case.
Having listened to both sides, the judge reserved ruling on the issue of deportation until the final judgment.
Continuing in his testimony, the witness told the court that as a person of interest to the DSS, the service had his profile and pictures.
“With the description provided by the 3rd defendant, we pulled pictures of suspects who matched that description, and the 3rd defendant pointed to the picture of the 1st defendant and called his name as Aminu.
“He said he was sure Aminu was not Hausa but from the middle belt and that he usually visited them at a Mosque in Utako.
“He said that Aminu became close friends with one Ahmed Rufai Abubakar, known as Dr Tsiga.”
The witness said the 3rd defendant revealed that it was he and Dr Tsiga, who is still at large, that drove the Gulf car that was laden with the improvised explosive device to the El Rufai Park and left it there overnight.
The witness also told the court that Ogwuche also made a statement revealing how he met the Boko Haram Sect led by Dr Tsiga at Utako.
“That he made enquiries about where to meet them and that he believed they were fighting a just cause for God.”
When the prosecutor asked for the statements made by the defendants that were in the court’s possession, they were not readily available.
The judge stated that this was because the prosecution had failed to provide the registrar with prior notice, thereby hindering the retrieval of the necessary evidence.
Justice Lifu subsequently adjourned the matter until July 24 for continuation of the hearing.
Ogwuche Ahmed Abubakar (aka Abu Ibrahim / Maiturare), Mohammed Ishaq, Ya’u Saidu (aka Kofar Rama), Anas Isah and Adamu Yusuf are charged with allegedly detonating two bombs on April 14, 2014, at a motor park in Nyanya.
No fewer than 70 persons were killed and several others were injured.
The case, initially before Justice Ahmed Mohammed, was reassigned to Justice Lifu following Justice Mohammed’s elevation to the Court of Appeal.
Proceedings restarted, but the prosecution repeatedly failed to appear. Justice Lifu delivered stern warnings and eventually issued an ultimatum: the case would be dismissed if the prosecution failed to attend court one last time.