A Federal High Court in Abuja on Wednesday refused a bail request made by five alleged Al-Shabab terrorists who allegedly attacked a Catholic Church in Owo town, Ondo State, leading to the death of over 40 worshippers.
Justice Emeka Nwite who dismissed their bail application held that the terrorism charges against them were capital in nature.
The judge also held that they were accused of being members of a terrorist organization who may intimidate witnesses, influence and jeopardize the trial of the defendants before the court.
Delivering a ruling on the bail application, the judge upheld the arguments of the Department of the State Service, DSS, that the evidence against the alleged terrorists was weighty and cannot be glossed over.
Besides, the judge said that the DSS argument that they will jump bail if was not disputed and deemed to be true.
The trial judge also upheld the submission of the security agency that the five accused persons did not establish having credible sureties that can stand for them pending their trial.
He maintained that the arguments of the DSS that admitting them to bail would amount to judicial risk was also not challenged by their lawyers.
In all, the judge held that the defendants failed to give cogent reasons on why they should be granted bail pending their trial and subsequently dismissed the bail request.
Earlier, before going into the merit of the bail application, the judge declared the motion on notice incompetent on the ground that names of the five defendants were not listed on the motion paper as required by law.
Similarly, the judge faulted the motion paper on another ground that a joint affidavit of two paragraphs was in support of the request for bail of the five defendants as against the position of the law that each of the accused persons must have separate affidavits to back up such request.
While granting accelerated trial, Justice Nwite fixed October 19 for commencement of trial.
It will be recalled that their bail application dated August 11, 2025, was argued by their counsel Abdullahi Awwal Ibrahim on August 19, 2025.
The five accused persons are Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris and Momoh Otuho Abubakar.
While arguing the application, the lawyer submitted that the accused persons assembled reliable and responsible sureties.
The request was, however, opposed by the DSS lawyer, Dr Callistus Eze, on the ground that the accused persons may escape because of the gravity of the charges against them.
He had urged the court to refuse the bail application and allow the defendants remain in the DSS custody.
Some counts in the charge read: “That you, Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris and Momoh Otuho Abubakar adults, males, with others still at large, sometime in 2021, did join and became members of AL Shabab Terrorist Group, with cell in Kogi State and thereby committed an offence contrary to and punishable under Section 25(1) of Terrorism (Prevention and Prohibition) Act, 2022.
“That you, Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris and Momoh Otuho Abubakar, adults, males, with others still at large, on 30th May, 2022; 37 June, 2022 and 4 June, 2022, at Government Secondary School, Ogamirana, Adavi LGA, Kogi State and behind Omialafa Central Mosque, Ose LGA, Ondo State, respectively, attended and held meetings, where you agreed to and planned for the terrorist attack, which you carried out on 5™ June, 2022, at St. Francs Catholic Church, Owo, Ondo State and thereby committed an offence contrary to and punishable under Section 12(a) of Terrorism (Prevention and Prohibition) Act, 2022