A Federal High Court sitting in Abuja on Wednesday refused to grant bail to five individuals accused of being members of the Al-Shabab terrorist group and alleged masterminds of the deadly attack on St. Francis Catholic Church, Owo, Ondo State, which claimed the lives of over 40 worshippers.
Justice Emeka Nwite, who presided over the matter, dismissed the bail application, holding that the terrorism charges brought against the defendants were capital in nature. He ruled that the accused persons, alleged members of a terrorist organisation, posed a potential threat to witnesses and to the integrity of the trial.
The judge upheld the arguments of the Department of State Services (DSS), which maintained that the evidence against the defendants was weighty and that they were likely to flee if granted bail. He noted that the DSS’s submission on the likelihood of the defendants absconding was not contested by the defence and was therefore considered credible.
Justice Nwite also agreed with the DSS that the defendants failed to produce credible sureties capable of guaranteeing their appearance in court throughout the proceedings. He accepted the service’s assertion that releasing them on bail would amount to a judicial risk—an argument that was not challenged by the defence counsel.
Consequently, the court ruled that the defendants had not provided sufficient grounds to warrant bail and dismissed the application.
Before addressing the substantive issues in the bail application, the judge declared the motion on notice incompetent for failing to include the names of the defendants in the motion paper, contrary to legal requirements. He further criticised the filing of a joint two-paragraph affidavit in support of the application for all five defendants, stressing that the law requires each accused person to file a separate affidavit in such circumstances.
However, the court granted an accelerated hearing of the case and fixed 19 October 2025 for the commencement of trial.
It would be recalled that the bail application, dated 11 August 2025, was argued on 19 August by defence counsel, Abdullahi Awwal Ibrahim, who submitted that the defendants had assembled responsible sureties and should be admitted to bail. The DSS counsel, Dr. Callistus Eze, opposed the application, contending that the severity of the charges heightened the risk of flight and urged the court to refuse the request and retain the accused in DSS custody.
The defendants are: Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris, and Momoh Otuho Abubakar.
Some of the charges against them read:
“That you, Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris, and Momoh Otuho Abubakar, adults, males, together with others still at large, sometime in 2021, did join and become members of the Al-Shabab terrorist group, with a cell located in Kogi State; thereby committing an offence contrary to and punishable under Section 25(1) of the Terrorism (Prevention and Prohibition) Act, 2022.”
“That you, Idris Abdulmalik Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris, and Momoh Otuho Abubakar, adults, males, together with others still at large, on 30 May 2022, 3 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 a terrorist attack, which you carried out on 5 June 2022 at St. Francis Catholic Church, Owo, Ondo State; thereby committing an offence contrary to and punishable under Section 12(a) of the Terrorism (Prevention and Prohibition) Act, 2022.”
Linus Aleke
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