By Ikechukwu Nnochiri
ABUJA — Justice Donatus Okorowo of a Federal High Court in Abuja, Monday, said he was satisfied that a police officer, Sergeant Adamu Gado, has a case to answer over the murder of leader of the Boko Haram sect, Ustaz Mohammed Yusuf, in 2009.

The judge who stated this on a day he declined to allow the accused on bail, equally ordered that he should remain in Kuje prison pending the hearing and determination of the two-count criminal charge preferred against him and four others by the Federal Government.

Gado and the other indicted police officers were hitherto serving in Maiduguri, the Borno State capital.

Though all the accused pleaded not guilty to the allegations, however, the trial court initially allowed only four of them on bail, even as it ordered the prison authority to retain the fifth accused, Gado, in its custody, saying there was a prima-facie nexus linking him to the alleged crime.

The accused person had on July 28, pleaded the trial judge to temper justice with mercy and order his immediate release from Kuje prison where he has been since July 19.

His lawyer, Mr. Edward Inegedu, insisted that his client would need adequate facility to prepare his defence, contending that his continued incarceration would hamper his ability to get fair trial over the criminal matter.

He relied on the provisions of section 35 and 36 of the 1999 constitution to argue that despite the allegations, the accused person should be presumed innocent until found guilt.

Meanwhile, the prosecution counsel, Mr. R.N Ojabo, who insisted that the lives of some of the witnesses billed to testify in the matter would be jeopardized if the 5th accused person is freed from detention, vehemently opposed his request for bail.

Ruling on the issue yesterday, Justice Okorowo, said he was persuaded by material evidences before the court that the 5th accused person, had a hand in the uncanny incident that resulted to the death of the Boko Haram leader.

The court held that the accused person had earlier admitted in a confessional statement he made under interrogation that he actually shot at the late sect leader, Yusuf.

The Judge said the fact that Sgt. Gado admitted that he joined others to shoot at Yusuf, as contained in exhibit J. O (1) before the court, amounted to complicity in the eyes of the law, noting that further investigation by the court disclosed that the 5th accused person ran away shortly after he was granted administrative bail ab-initio.

Consequently, he held that although section 118 of the Criminal Procedure Act, CPA, confers the court with the discretion to grant bail, however, such discretion must be exercised judicially and judiciously.

According to the Judge, “having listened to the submissions of both parties, I’m convinced that the interest of justice is better served in refusing the application than granting it. I therefore refuse the application for bail.”

Before adjourning the case till October 24, Justice Okorowo equally chided the prosecuting counsel for not furnishing the court with the said confessional statement before the other accused persons were granted bail.

It would be recalled that the other accused persons were allowed on bail on the premise that they had earlier fulfilled certain conditions that were handed to them by the trial court.

Though the said conditions were kept secret, Vanguard investigations however revealed that the court had ordered them to surrender all their travelling documents to the court registry, as well as, produce 2 sureties each, who it said must not only be resident within the jurisdiction of the high court, but should also sign an undertaking that they would not abscond from trial.

The judge further ordered that they should be monitored closely by all the relevant security agencies in the country with a view to ensuring their availability for trial.

Despite that seven officers were initially fingered in the alleged crime, however, the Federal Ministry of Justice which is prosecuting the case for the government, decided to drop the case against two junior officers, PC Anthony Samuel and PC Linus Luka, after they agreed to testify in the case as prosecution witnesses.

The two count charge upon against the accused persons reads: “That you, ACP J.B. Abang, ACP Akeera, CSP Mohammed Ahmadu, ACP Mada Buba, Sgt Adamu Gado, all of the police command, Maiduguri, on or about the 30th day of July, 2009, at Maiduguri within the jurisdiction of the Federal High Court, unlawfully killed one Mallam Mohammed Yusuf and his followers, which act is an offence under Section 315 of the Criminal Code and you thereby committed a terrorist act contrary to and punishable under Section 15 (1) (2) of the EFCC Act, 2004.

“That you, ACP J.B. Abang, ACP Akeera, CSP Mohammed Ahmadu, ACP Mada Buba, Sgt Adamu Gado, all of the police command Maiduguri on or about the 30th day of July, 2009, at Maiduguri, conspired with one another to commit an offence to wit; a terrorist act and you thereby committed an offence contrary to Section 516 of the Criminal Code and punishable under Section 15 (1) (2) of the Economic and Financial Crimes Commission Act, 2004.”