The Federal High Court in Abuja on Wednesday refused the 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 formidable terrorist organisation who may intimidate witnesses, and influence and jeopardise the trial of the defendants before the court.
Delivering a ruling on the bail application, Justice Emeka Nwite upheld the arguments of the Department of the State Service, DSS, that the evidence against the alleged terrorists was strong and could not be overlooked.
Additionally, the judge stated that the DSS’s argument that they would jump bail and flee if allowed to go home was not disputed and was deemed to be true.
Justice Nwite also upheld the submission of the security agency that the five accused persons had not established credible sureties that could stand for them pending their trial.
He stated that the DSS’s arguments, which claimed that admitting them to bail would amount to judicial risk, were also not challenged by their lawyers.
In all, Justice Emeka Nwite held that the defendants failed to provide cogent and verifiable reasons for being allowed home pending trial and subsequently dismissed their bail request.
Earlier, before addressing the merits of the bail application, the judge had declared the motion on notice incompetent because the 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: a joint affidavit of two paragraphs was submitted in support of the bail request for the five defendants, contrary to the position of law that each accused person must have a separate affidavit to support the request for bail.
While granting an accelerated trial, Justice Emeka Nwite fixed October 19 for the commencement of the 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 had submitted that the accused persons had assembled reliable and responsible sureties to stand for them.
The request was, however, vehemently opposed by the DSS lawyer, Dr Callistus Eze, because the accused persons might escape due to the gravity of the charges against them.
He had urged the court to refuse the bail application and allow the defendants to 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.
“That you, Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris and Momoh Otuho Abubakar, adults, males, with others still at large, on 05/06/2022, at St. Francis Catholic Church, Owo, Ondo State, with intent to further your religious ideology and while armed with IEDs and AK 47 rifles, did attack worshippers, held them hostage and in the process, caused grievous bodily harm to over 100 persons, including Onileke Ayodele, John Blessing, Nselu Esther and Ogungbade Peter and thereby committed an offence contrary to Section 24 Terrorism (Prevention and Prohibition) Act, 2022 and punishable under Section 24(2)(a) of the same Act.
“That you, Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris and Momoh Otuho Abubakar, adults, males, with others still at large, on 05/06/2022, had in your possession IEDs and AK 47 rifles, with which you attacked worshippers at St. Francis Catholic Church, held them hostage, killed over 40 persons and caused grievous bodily harm to over 100 persons and thereby committed an offence contrary to Section 2(1)(2) and (3)(v) and punishable under Section 24(1) and (2) of TPPA, 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 05/06/2022, at St. Francis Catholic Church, Owo, Ondo State, with intent to cause death, did detonate Improvised explosive devices (IEDs), which led to the death of over 40 persons, including: Ajanaku John; Onuoha Deborah; Onileke Esther and John Bosede and thereby committed an offence contrary to and punishable under Section 42 (a)(ii) 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 05/06/2022, at St. Francis Catholic Church, Owo, Ondo State, with intent to cause grievous bodily harm, did detonate Improvised explosive devices (IEDs) which caused grievous bodily harm to over 100 persons, including: Onuchukwu Happiness, Ogungbade Vivan and Nnakwe Paschaline Ugochinyerem and thereby committed an offence contrary to and punishable under Section 42(a)(i) of Terrorism (Prevention and Prohibition) Act, 2022.”
