The
alleged mastermind of the Christmas day bomb blast that killed about 44 persons
and wounded 75 others at St. Theresa’s Catholic Church, Madalla, Niger State,
in 2011, Kabiru Umar, a.k.a Kabiru Sokoto, yesterday, instituted a N300 million
suit against the Federal Government.
In an application he filed before Justice Adeniyi
Ademola of the Abuja Division of the Federal High Court, Sokoto, who is
answering to a two-count terrorism charge, urged the court to award the money
to him as exemplary and general damages against the Federal Government over
alleged torture and beatings he suffered in the hands of operatives of the
Department of State Services, DSS.
He made the application shortly after his team of
lawyers, led by Mr. Sheriff Okoh, urged the trial court to discharge and acquit
the accused person for want of incriminating evidence linking him to the Boko
Haram Islamic sect.
It was the contention of the alleged Boko Haram
kingpin that the government failed to establish a prima-facie terrorism charge
capable of warranting his conviction.
“We urge this court, based on facts, to discharge and
acquit the accused person for want of evidence and inability of the prosecution
to establish a prima-facie terrorism charge against him.
“The accused in count two is being accused of having
information about terrorism attack at St Theresa Catholic church, contrary to
section 7(1) of the Terrorism Prevention Act, 2001, an allegation he has
denied.
“For a person to be guilty under this section, there
must be a ‘Mensrea’ which goes to knowledge and believe that the offence will
be committed or has been committed.
“The only context in which the term knowing can be
construed under the terrorism prevention Act is actual knowledge and the
constructive knowledge.”
Source: Vanguard
Source: Vanguard
No comments:
Post a Comment