Court dismisses terrorism, treasonable felony charges against rights activist, Agba Jalingo

A Federal High Court sitting in Calabar, yesterday, discharged Nigerian journalist and activist, Agba Jalingo of a terrorism, treasonable felony and cyber crimes suit filed against him by Cross River State government.

Trial judge, Justice Ijeoma Ojukwu of court also dismissed the charge, following the government’s withdrawal of the suit.

The right activist was arrested on August 22, 2019 over an article published in July of that year wherein, he demanded the whereabouts of the NGN500 million approved and released for the floating of the Cross River State Microfinance Bank.

After spending 34 days in police custody, he was arraigned for alleged acts of terrorism, cultism, treasonable felony and attempts to overthrow the state government.

He pleaded not guilty and was remanded at the Afokang prisons. Cross River State later took over prosecution from the Federal Government in February 2020 when he was admitted to bail, after 179 days in detention.

Jalingo was denied bail twice by Justice Simon Amobeda, who was handling the matter then, but was admitted to bail by Justice Sule Shuaibu, after Justice Amobeda recused himself as a result of a leaked audio tape, which suggested he was compromised.

The charges preferred against him were amended several times during the trial and he took four pleas within the duration of the trial, twice under Justice Amobeda, once under Justice Shuiabu and once under Justice Ojukwu.

But at resumed hearing of the matter yesterday, Director of Public Prosecution (DPP) in the state, John Ogban, told the court that he received the directives of the Attorney General, Tanko Ashang to discontinue the case.

Ogban, who had at the last adjourned date informed the court that the state had filed a further amended charge, made a verbal application for the withdrawal of the case.

Asked if he was withdrawing totally and will no longer prosecute the charge, Ogban answered in the affirmative. It was gathered that the defence led by Adeyinka Olumide-Fusika, a Senior Advocate of Nigeria (SAN) did not object to the verbal application and commended the directive.

He said: “We commend the Honorable Attorney General of the State for taking this decision. We are happy that our harassment has ended.”

The counsel further prayed the court to release the sum paid as the bail bond into an interest yielding account by the defendant.

The matter was then stood down for the Court to verify the payment date among other items. Upon resumption, Justice Ojukwu, who relied on the provisions of Section 355 of the Administration of Criminal Justice Act, acquitted Jalingo on all four charges and subsequently dismissed them.

On the application for the refund, the court held that the sum and the interest should be paid to him. Throughout the 30 months of the trial, both the Federal and State governments failed to provide a single witness, despite an initial order to mask the witnesses.