Plateau State High Court has ruled it has jurisdiction to try terrorism-related charges, rejecting a defence bid to move the Angwan Rukuba killings case to the Federal High Court.
The Plateau State High Court in Jos has ruled that state high courts have the jurisdiction to try persons on terrorism-related charges under the Terrorism (Prevention and Prohibition) Act (TPPA), 2022, dismissing a jurisdictional challenge brought by four suspects standing trial over the Palm Sunday killings in Angwan Rukuba.
Trial judge Justice Gedeliah Fwomyon delivered the ruling on Tuesday, August 11, after reserving judgment on the objection at a hearing in July.
The defendants, Adamu Isa Alhassan, Isa Umar Ibrahim, Auwalu Abubakar (also known as Auwalu Dogo), and Musa Abubakar Ibrahim (also known as Yaroro), were arrested by the Department of State Services (DSS) and arraigned by the Plateau State Government in connection with the attack on Angwan Rukuba in Jos North Local Government Area, in which about 30 people were killed. A fifth suspect, Ado Ibrahim, remains at large.
The Jurisdictional Dispute
Defence counsel, led by M. I. Shaba, SAN, had urged the court to decline jurisdiction, arguing that because the charges were terrorism-related, only the Federal High Court could hear the matter under the TPPA.
The prosecution, led by the Plateau State Director of Civil Litigation, Sabo Longji, countered that the defendants were being prosecuted under the Plateau State Penal Code rather than the TPPA, making the state high court the proper venue.
In his ruling, Justice Fwomyon held that the TPPA does not bar state high courts from trying terrorism suspects. He said nothing in the constitution prevents state assemblies from legislating on terrorism, noting that the subject is not on the exclusive legislative list, and that both the National Assembly and state assemblies can validly legislate on the matter. Although the TPPA is a federal law, the judge said, it contains no provision prohibiting a state high court from prosecuting cases under it.
Medical Transfer Request Denied
The judge also dismissed a separate application by the third defendant, Auwalu Abubakar, seeking to be moved from DSS custody to the Jos University Teaching Hospital (JUTH) for medical attention. According to a report by TVC News, the court noted that medical examinations conducted after the suspects’ arrest had found them fit for detention, and that it could not grant relief based on documents that had not been formally placed before it, since the applicant had failed to provide the medical report backing his request. “Motion of the defendant is hereby refused and dismissed,” Justice Fwomyon ruled, citing a lack of sufficient factual basis, according to TVC News. The case has been adjourned to October 15 and 21, 2026.
Background
The attack on Angwan Rukuba occurred on Palm Sunday, when gunmen stormed the community in Jos North LGA, killing roughly 30 people. President Bola Tinubu visited Jos shortly after the killings and later approved a ₦2 billion relief package for victims, according to NewsDiaryOnline.
The Plateau State Government’s charges against the defendants have included criminal conspiracy, culpable homicide, illegal possession of firearms, and illegal dealing in arms and ammunition, in addition to terrorism-related counts. State Attorney-General Philemon Audu Daffi, who is leading the prosecution, said at arraignment that the men’s actions were “contrary to Section 269 and punishable under Section 270 of the Penal Code Law” of Plateau State, according to NewsDiaryOnline. In May, the same trial judge granted the defendants leave to call five defence witnesses each as part of case management, according to Blueprint Newspapers.
Tuesday’s ruling means the trial will proceed before the Plateau State High Court, though the defence retains the option to challenge the decision on appeal.
