The Federal High Court in Abuja on Wednesday sentenced four of the five defendants convicted for their involvement in the 2022 terror attack on St. Francis Catholic Church, Owo in Ondo State, to death by hanging.
Judge Emeka Nwite, in a judgment , held that the Department of State Services (DSS), the prosecution in the trial, had been able to prove the charge against the defendants beyond reasonable doubt.
The defendants were convicted on a nine-count charge preferred against them by the DSS.
The four convicts are Idris Abdulmalik Omeiza, 25; Al Qasim Idris, 20; Jamiu Abdulmalik, 26 and Abdulhaleem Idris, 25.
Justice Nwite, who held that evidence presented had proven that the four men perpetrated the act, however acquitted the 5th defendant, Momoh Otuho Abubakar, 47, of the charge.
No fewer than 41 worshippers were killed and over 100 others injured during the terror attack that occurred on June 5, 2022 Sunday mass.
Delivering the judgment , Justice Nwite, reviewed the evidence presented by the DSS and defence.
“The prosecution has successfully established the nine-count charge against the 1st, 2nd, 3rd and 4th defendants beyond reasonable doubt,” he ruled.
The judge, therefore, convicted Omeiza, Idris, Abdulmalik and Idris, and discharged and acquitted Abubakar, the oldest among them, of all nine counts.
On count one, which accused the defendants of belonging to a proscribed terrorist group known as Al-Shabaab, the judge reviewed the evidence presented by one of the DSS investigators identified as SSI.
He held the witness testified that the four defendants belonged to an extremist group operating in parts of Kogi and Ondo State under the coordination of one “Adoba.”
The judge said the evidence of the prosecution witness was not shaken, while the confessional statements of the convicts corroborated the prosecution’s case.
“From the foregoing, it is clear as day that the 1st, 2nd, 3rd and 4th defendants belong to a proscribed terrorist group, Al-Shabaab,” he ruled.
On count two, which accused the defendants of attending meetings where the Owo church attack was allegedly planned, the judge said the prosecution alleged that meetings were held on “30th May, 1st June, and 4th June, 2022 at Government Secondary School, Ogaminana, Kogi, and at a local mosque where the 2nd defendant’s father served as chief imam.”
He observed that the prosecution alleged that the meetings were organised to plan the attack on St. Francis Xavier Catholic Church in Owo.
“The evidence by the prosecution witness was neither shaken nor discredited under cross examination,” the judge said.
He added that it was corroborated “by the confessional statements of Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik and Abdulhaleem Idris.”
While Abubakar denied attending any meeting connected to the attack, the judge held that the prosecution failed to link Abubakar to the meetings.
On count three, which bordered on conspiracy, aiding and abetting terrorism, the judge reviewed the law and judicial authorities.
He held:”court can infer conspiracy from the acts of the defendants towards the commission of the offence.”
The court also relied on forensic evidence tendered by the prosecution.
Justice Nwite said the evidence showed direct communication among the defendants within months leading to the attack.
“The inference to be drawn from the evidence before the court is that the 1st to 4th defendant conspired with Adoba and others,” he said.
He held that the prosecution evidence remained unshaken during cross examination.
He, however, said Abubakar was not linked to the conspiracy.
On counts four and five, which bordered on hostage taking, kidnapping, hijacking, and possession of dangerous weapons, the judge juxtaposed the act with law.
He reviewed provisions of the Terrorism (Prevention and Prohibition) Act relating to seizure of facilities, threats to life and hostage taking resulting in death.
He said evidence before the court showed that worshippers at St. Francis Catholic Church were attacked during service, leading to the death of more than 41 persons and injuries to over 100 others.
The judge relied on testimonies of victims and other prosecution witnesses and noted that “The evidence by the prosecution witnesses was neither shaken nor discredited.”
He said this was contrary to the case of Abubakar who was not linked to the actual attack on the church.
On count six, which bordered on terrorism financing and possession and use of dangerous weapons, the judge reviewed evidence against Abubakar separately from the others.
The prosecution had alleged that Abubakar acted as a financial channel for the group and distributed funds before the attack through his point of sale terminals.
Justice Nwite noted that a DSS witness identified as SSI, told the court that about N800,000 moved through accounts linked to Abubakar weeks before the incident.
The prosecution also alleged that Abubakar maintained communication with members of the group during the period.
However, Abubakar denied the allegations.
Nut the judge held that the prosecution failed to establish the terrorism financing allegation against Abubakar beyond reasonable doubt.
He, therefore, discharged and acquitted him on count six.
The judge, however, held that the prosecution proved the count six case against the four convicts.
The judge, thereafter, considered counts seven to nine together, describing them as similar in nature.
Nwite, who said the counts bordered on the use and detonation of explosives at a public place resulting in death, grievous bodily harm and destruction, said the DSS was able to prove that the explosions caused deaths, injuries and destruction within the church premises.
He held that the confessional statements tendered by the prosecutiin were valid and voluntarily made.
He rejected claims that they were written and forced on the defendants by the DSS operatives.
He noted that the statements were signed, thumb-printed and not challenged in court.
He described the forensic digital evidence and call records showing repeated communication between key defendants before and after the attack as strong circumstantial evidence forming a chain of guilt.
The judge held that eyewitnesses and investigators gave consistent evidence that remained unshaken under cross examination.
Having found the four men guilty of the nine counts, the judge imposed life imprisonment on count one.
On count two and three, he imposed a 20-year imprisonment without option of fine.
The judge also imposed death sentences on counts four, five, six, seven, eight and nine and ordered that the convicts be “hanged by the neck until death.”“May the Lord have mercy on your souls,” Justice Nwite said.
