A member of the dreaded terrorist group, Boko Haram, Kabiru
Umar, also known as Kabiru Sokoto, who was convicted in 2013 for terrorism
activities has accused the Federal Government of delaying his efforts to appeal
his conviction and sentence.
Umar was on December 20, 2013 sentenced to life imprisonment
by Justice Adeniyi Ademola of the Federal High Court in Abuja for his role in
the 2011 Christmas Day bomb blast at St. Theresa’s Catholic Church,
Madalla, Niger State.
The bomb attack was said to have left about 44 persons
killed and 75 others wounded.
He has, through his lawyer, Sheriff Okoh, before the Federal
High Court, Abuja, alleged that the Comptroller of Prisons and his men had made
it impossible to access his lawyer, to enable him perfect his appeal process.
The application had as respondents the Comptroller General
of Prisons and the Attorney General of the Federation.
Sokoto, who is currently serving a life imprisonment term at
the Kirikiri Maximum Security Prison, Lagos, is through his application,
seeking an order compelling the respondents to allow him access to his lawyer.
The Punch reports that he also seeks a declaration that the respondents’ alleged
decision to deny him access to his lawyer was a violation of his right to a
fair hearing, right to counsel and access to justice.
Okoh, in a supporting affidavit which he personally deposed
to, alleged that all the applications made to the CGP seeking an access to the
convict as his lawyer were turned down.
The affidavit read in part, “We have made several personal
contacts with the first defendant (the Comptroller General of Prison), his men:
S. N. Nwanchukwu , E. O. Ogundele, among others, at the Nigeria Prisons
headquarters, Abuja in a bid to persuade them to permit us to see the
applicant, but they kept making us indulge in fruitless returns for approvals
from the 2nd respondent (AGF) that has not come for over two years.
“Wherefore, we verily believe that their actions are aimed
at ensuring that the applicant’s appeal of his conviction and sentence
continues to be frustrated in perpetuity.
The applicant’s appeal before the Court of Appeal is being
delayed as a result of the conduct of the 1st respondent and men under his
command and supervision.”
Justice Ademola had, in his judgment sentencing Umar to life
imprisonment, held that he was satisfied that the Federal Government,
successfully established the culpability of the convict beyond every reasonable
doubt.
The judge noted that Umar had earlier in two separate
confessional statements, admitted that he had prior knowledge of the attack.
The judge noted that Sokoto never showed any remorse for his
actions throughout the trial, and described him (Sokoto) as “a pathological
liar with no regards for the truth.”
Dissatisfied, Sokoto filed a notice of appeal before the Court
of Appeal, Abuja.
On Thursday, when the case was mentioned in court, the
presiding judge, Justice Nnamdi Dimgba, observed that there was no evidence
that respondents were served with processes (court documents) in the case.
He directed the applicant’s lawyer to ensure service of the
processes on the respondents and return on February 4 for the hearing of the
motion.
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