A Federal High Court in Abuja, presided over by Justice James Omotosho, on Friday discharged and acquitted 50 individuals accused of being members of the proscribed Indigenous People of Biafra (IPOB) and facing terrorism-related charges.

The judge upheld a no-case submission filed by the defendants, stating that the prosecution failed to provide credible evidence linking the accused to the allegations of terrorism.

Prosecution’s Evidence Deemed Insufficient

Justice Omotosho emphasized that the prosecution’s evidence fell short of establishing a prima facie case against the defendants. He explained that under Section 303 of the Administration of Criminal Justice Act (ACJA) 2015, a no-case submission can be upheld if:

1. The essential elements of the alleged offence are not proven.
2. There is no evidence directly connecting the defendants to the crime.
3. The prosecution’s evidence is so discredited under cross-examination that a conviction would be unsafe.

“The defendants were merely arrested in a truck while traveling, allegedly to attend a burial. The prosecution failed to provide the name of the deceased or the person who invited them. This alone does not constitute terrorism,” Justice Omotosho stated.

No Evidence of Terrorism or Conspiracy

The court dismissed claims that the defendants engaged in a gunfight with police officers or participated in terrorist activities. Items recovered from them—including calabashes, cowries, red cloth, and figurines—were identified as cultural artifacts, not weapons.

Justice Omotosho further ruled that the prosecution failed to prove any intent or collaboration among the accused to commit an illegal act.

“This case appears to be a trumped-up charge against individuals who were simply unfortunate to be arrested together. The prosecution’s case lacked substance and was flimsy,” he said.

Acquittal of All Defendants

In a final ruling, Justice Omotosho discharged and acquitted all 50 defendants, citing the prosecution’s inability to establish a credible case.

“The prosecution has failed to establish any case against the defendants. Their no-case submission is upheld, and they are hereby discharged and acquitted of all charges,” the judge declared.

The ruling highlights the importance of credible evidence in terrorism cases and raises questions about the handling of such allegations by authorities.