The Federal High Court in Abuja on Wednesday rejected the bail application filed by five individuals accused of carrying out the June 5, 2022, attack on St. Francis Catholic Church in Owo, Ondo State.
In his ruling, Justice Emeka Nwite held that the Federal Government had presented sufficient evidence indicating that the defendants posed a flight risk due to alleged ties with foreign fighters.
The judge also agreed with the prosecution’s position that releasing the suspects could compromise the trial.
He noted that the prosecution’s claims, outlined in a counter affidavit, were not challenged by the defense and are therefore deemed true.
Justice Nwite pointed out a procedural flaw in the bail application: although the defendants were jointly charged, each was expected to submit a separate application and supporting affidavit.
Instead, a single joint affidavit was filed, which the court found to be procedurally defective.
Citing Section 162 of the Administration of Criminal Justice Act (ACJA), 2015, the judge explained that bail may be denied when there are valid concerns that the defendant might commit another offense, evade trial, tamper with evidence, or obstruct justice.
He further outlined the criteria typically considered in bail decisions, including the nature of the offense, the strength of the evidence, the potential sentence upon conviction, and the risk of interference with the trial.
The prosecution argued that the defendants were facing terrorism charges related to an attack that left over 40 people dead and more than 100 injured. It also submitted that some accomplices remain at large and may attempt to influence the proceedings.
The court was informed that witnesses had expressed fear about testifying, citing alleged intimidation. As a result, the prosecution requested protective measures for witnesses.
The judge also noted that the offense carries a potential death sentence and that the defendants failed to provide credible sureties to ensure their appearance in court.
While acknowledging the constitutional presumption of innocence, Justice Nwite stressed the need to balance individual rights with public safety and the integrity of the judicial process.
After reviewing the affidavits and arguments, the judge concluded that the prosecution had made a strong case against granting bail. The matter was adjourned until October 16 for trial.
Abdullahi Muhammad, Defense counsel argued that bail is meant to secure the defendants’ presence in court and that his clients would comply with court proceedings.
He also said they had no prior criminal records, would not interfere with the trial, and could provide reliable sureties.
Muhammad urged the court to consider their nearly three-year detention and grant bail on liberal terms.
The defendants Idris Omeiza (25), Al Qasim Idris (20), Jamiu Abdulmalik (26), Abdulhaleem Idris (25), and Momoh Otuho Abubakar (47) were arraigned on August 11 on a nine-count terrorism charge, marked FHC/ABJ/CR/301/2025.
