The Federal High Court, sitting in Abuja, has granted an application by the Attorney-General of the Federation seeking the re-listing of terrorism charges that were earlier struck out for want of diligent prosecution.
The ruling was delivered by Emeka Nwite on a motion on notice filed by the Attorney-General of the Federation, through prosecuting counsel, requesting that Charge No. FHC/ABJ/CR/633/2024 be restored to the court’s cause list.
In his decision, Justice Nwite held that the application was meritorious and accordingly granted it. The court declined to make any order as to costs.
Court records indicate that the charge was previously struck out on 8 July following an oral application by the defence, which cited the absence of the lead prosecuting counsel and lack of diligent prosecution on scheduled trial dates.
The charge, filed on 16 December 2024 through the Director of Public Prosecutions of the Federation, comprises 11 counts against eight defendants. Five defendants are currently before the court, while three, including Bello Turji, are listed as being at large.
Moving the application for re-listing, the prosecution submitted that, under the Administration of Criminal Justice Act, the prosecution had not exhausted the number of adjournments permitted before a charge could be struck out. Counsel argued that restoring the charge would allow the matter to be determined on its merits and that the defendants would not be prejudiced by the re-listing.
Counsel representing the first and second defendants did not oppose the application but requested that costs be awarded against the prosecution, citing the period of detention of the defendants prior to the striking out of the charge. The court declined the request for costs.
Justice Nwite consequently ordered that the charge be restored to the cause list and adjourned the matter for continuation of proceedings.
What Next:
– The matter was adjourned to 21 January 2026 for hearing.
