The Attorney-General of the Federation [AGF] has removed the names of 10 soldiers and one police officer, named as accomplices in the trial of an alleged Taraba State kidnapping kingpin, Bala Hamisu, also known as Wadume, and others.
The amendment to the charges was announced at the Federal High Court in Abuja by the prosecuting counsel, Mr Shuaibu Labaran, on Monday.
The development saw the number of defendants reduced from 20 to seven and the number of counts drop from 16 to 13.
It came days after the AGF, Mr Abubakar Malami (SAN), took over the case from the Inspector-General of Police, Mr Mohammed Adamu, on June 3, 2020.
The soldiers, whose names were removed in the amended charges are Captain Tijjani Balarabe, Staff Sgt. David Isaiah; Sgt. Ibrahim Mohammed; Corporal Bartholomew Obanye; Private Mohammed Nura; Lance Corporal Okorozie Gideon; Corporal Markus Michael; L/Corporal Nvenaweimoeimi Akpagra; and Staff Sgt. Abdullahi Adamu, and Private Ebele Emmanuel.
A policeman’s name, ASP Aondona Iorbee, as well as the name of one Ahmad Suleiman (aka Dan Ball); was also struck off the charge.
The defence lawyers for the remaining defendants did not oppose the amendment on Monday.
Following the approval of the amendment by the judge, Justice Binta Nyako, the amended 13 counts were read to the remaining seven defendants who pleaded not guilty to all the charges.
The remaining defendants arraigned were Inspector Aliyu Dadje, who was a station officer at police headquarters in Ibi Local Government Area of Taraba State, Wadume, Auwalu Bala, aka Omo Razor, Uba Bala (aka Uba Belu); Bashir Waziri, (aka Baba runs); Zubairu Abdullahi (aka Basho); Hafizu Bala (aka Maiwelder); and Rayyanu Abdul.
Justice Nyako adjourned the matter till June 22 for trial and possibly the hearing of the defendants’ bail applications.
She also ordered the defendants to remain in the custody of the Special Anti-Robbery Squad in Abuja.
The IGP had slammed 16 counts bordering on terrorism, murder kidnapping and illegal arms running against the 20 defendants, on February 3, this year.
Wadume, a kidnapping kingpin, was allegedly assisted to escape on August 6, 2019, by soldiers attached to Battalion 93, Takum, led by Balarabe (the Captain previously named among the defendants).
Wadume escaped when the policemen belonging to the IGP’s Intelligence Response Team who arrested him, were allegedly attacked by the Balarabe-led troops.
Three policemen and two civilians were killed during the incident, while five other police officers were injured.
But despite the removal on the names of the soldiers from the charges as defendants, the offence they allegedly committed was reflected in some of the amended counts.
In one of the counts, it was stated that Bashir Waziri (aka Baba Runs), on August 6, 2019 in lbi LGA of Taraba State “participated as an accomplice in an act of terrorism committed by one Capt. Ahmed Tijani Balarabe and his team in that you accompanied them to the scene where the IGP IRT team was attacked and three members of the team and two civilians were killed.”
Waziri allegedly carted away from the scene of the attack a police rifle which he was said to have “later handed over to Capt Ahmed Tijani Balarabe through one Ahmed Suleiman (aka Dan Ball)”.
Inspector Aliyu Dadje, then a station officer at Ibi police headquarters, was also accused in one of the counts as having the knowledge that “an offence of terrorism had been committed by Captain Tijjani Balarabe and members of his team”.
The prosecution also alleged in the amended charges that Wadume, who is of Ibi Local Government Area of Taraba State, between February and April 2019 at Takum and Ib! LGA, “knowingly seized and detained one Usman Garba (aka Mayo) at his filling station in Takum, demanded and collected a ransom of N106m before he was released.”
In his opening statement after the defendants were arraigned on Monday, the prosecuting counsel, Labaran, said the case “borders on kidnapping, detention, continued detention and collection of a ransom of N106m before the victim, Usman Garbage, was released”.
“The charge further deals with being in illegal possession of firearms, aiding and abetting and concealing,” he added.
The various offences were said to be contrary to and punishable under various provisions of Terrorism (Prevention) (Amendment) Act 2013.
The amendment to the charges came days after the AGF office took over the case from the Inspector-General of Police on June 3, 2020.
The 10 soldiers whose names were struck off the charges were absent from court on Monday as was the case at the two previous occasions when the matter came up before the court.
On March 16, 2020, the first time the matter was mentioned in court, Mr Simon Lough, the lawyer who was then prosecuting the case on IGP’s behalf, had complained to the judge that he was unable to produce the 10 soldiers in court because Army authorities had refused to release them.
Prompted by Lough, Justice Nyako, at March 16, 2020, proceedings issued an order directing the Chief of Army Staff, Lt.-Gen. Tukur Buratai, to release the 10 soldiers for arraignment.
On June 3, 2020, the first proceedings after the court was issued, only six of the defendants, including Wadume, were present.
While announcing the decision of the AGF to take over the case from the IGP, Labaran promised the judge at the proceedings to ensure that all the original 20 defendants were produced in court on Monday.
But Labaran told the judge on Monday that due to the “bureaucracy” involved, he was unable to produce all the defendants as he promised, a development, which according to him, led to the prosecution’s further review of the entire case file and the consideration of the need for this case to begin.
This, Labaran said prompted the prosecution to file the amended charges on June 5, 2020.
