Kabiru Sokoto bags life jail

The mastermind of the 2011 Christmas Day bombing of St. Theresa’s Catholic Church, Madalla, Niger State, Kabiru Umar aka Kabiru Sokoto was yesterday sentenced to life imprisonment by an Abuja Division of the Federal High Court.
The bomb blast at the Church killed 44 worshipers while 75 members of the congregation sustained varying degrees of injuries from the explosion.
Kabiru was previously arrested by the police in Abuja on January 14 last year, but was declared missing two days later, after which he was re-arrested on February 10, in Taraba State.
He initially appeared at the Federal High Court Abuja on March 20 this year, but pleaded for time to enable him secure the services of a legal team, which the court obliged just as the Federal Government’s lawyer, Chioma Onuegbu, told the court that she had filed a two-count amended charge dated April 10.
Consequently, the accused person was arraigned on April 19, by the Federal Government over allegations bordering on terrorism.
The government alleged in count one that between 2007 and 2012, at Mabira, Sokoto, Sokoto State, the suspect facilitated the commission of terrorist acts, including planting bombs at police headquarters and some government organizations in the state, as well as training more than 500 men on how to manufacture and detonate Improvised Explosive Devices (IEDs).
The charge added that Kabiru Sokoto was a member of an illegal terrorist group known as Boko Haram between 2007 and 2012 at Mabira, Sokoto State.
According to the prosecution counsel, the accused person committed an offence contrary to Section 15(2) of the Economic and Financial Crimes Commission Act 2004 and punishable under same Act.
More so, the government accused the terror suspect in count two of having prior knowledge that the Boko Haram sect planned to bomb St. Theresa’s Catholic Church, Madalla on Christmas Day, but concealed it and failed to disclose the information to any law enforcement officer as soon as reasonably practicable.
By not divulging information on the planned bombing of the Catholic Church, the prosecution said Kabiru Sokoto committed an offence contrary to Section 7(1) of the Terrorism Prevention Act, 2011 and punishable under same Act.
He pleaded “not guilty” to the two-count charge, upon which his trial was slated to commence on May 2, 6 and 9. On May 3, the court dismissed his application to quash the charge against him.
On April 24, the application by the prosecution to protect the identity of witnesses, their names, and exclusion of the public except immediate family members of the suspect, as well as accredited members of the press to cover the trial, was granted by the court.
Sequel to that, the trial began on May 9, and the prosecution called six witnesses. But on June 7, Kabiru’s counsel, Hassan Lukman, made a ‘no case submission’, which the court overruled on June 21, insisting that the suspect must stand trial.
On July 8, Kabiru opened his defence.
However, delivering judgment yesterday, the trial judge, Justice Adeniyi Ademola stated that from the two issues formulated by the defence counsel -  which the court adopted -  he was convinced that the prosecution counsel had proved her case beyond reasonable doubt.
Issue one, the court said, was on “whether the evidence adduced by the prosecution was sufficient  to establish the guilt of the accused person while issue two was, “whether the adduced evidence is sufficient under the law to establish the guilt of Sokoto to warrant his punishment under count two of the amended charge.
In determining the two issues, Justice Ademola said: “After listening and perusing through the testimonies of witnesses, the exhibits tendered and admitted in evidence, written address of the prosecution as well as the counter affidavit and written address of the defence counsel, the Evidence Act basically provides that the burden of proof lies on the prosecution in criminal matter.
The court said it considered the confessional statement of the suspect, which he made on January 14 last year: “Here in Abaji, people know I am a Boko Haram member; I have about 500 children that I teach Quran. I planted them to bomb police stations in Sokoto; I purchased AK 47 rifle and 2000 rounds of ammunition,” Kabiru Sokoto reportedly wrote.
The court added that Kabiru’s confessional statement was corroborated by prosecution witness PW2, who led a counter terrorism operation in Mabira Sokoto, during which some members of the sect were killed and some arrested.
Justice Ademola stated that the statement of Kabiru Sokoto’s boy owning up to the commission of terrorism acts in Mabira confirmed that of PW2.
From all the evidence in respect of the statements of PW2, the suspect’s confessional statement, the statement by his boy caught in Mabira, the court said: “Kabiru Sokoto was the mastermind of the terrorism attack in Mabira Sokoto. His guilt is unequivocal, positive and direct in respect of count one.
The court said the argument of the defence counsel that Kabiru Sokoto made his confessional statement under coercion and therefore should not have been admitted in evidence, “lacks substance, misconceived and untenable in law.
“The court therefore agrees that the prosecution counsel has proved her case beyond reasonable doubt in count one,” Justice Ademola stated.
In count two, the court stated that the suspect admitted having knowledge of plan to bomb St. Theresa’s Catholic Church, Madalla on Christmas Day but did not take part in the murderous act.
“Kabiru Sokoto in his statement said the Madalla bomb blast at St. Theresa’s Catholic Church on Christmas Day was carried out by Bashir Mohammed, Mukhtari Kafanchan etc. I am (was) not directly involved in that attack,” the court recounted the accused person’s statement.
The court found out that Kabiru Sokoto (DW1) was economical with the truth when he claimed that he does not understand English language. “He obtained four credits at school leaving certificate. Kabiru Sokoto is a laboratory technician by profession and wrote his examination in English language. He is a pathological liar and his evidence should be discarded in its entirety,” the court held.
Consequently, the court ruled that the Federal Government has succeeded in proving its case against Kabiru Sokoto, adding that the statement of his boy helped security operatives to apprehend him.
“Accordingly, Kabiru Sokoto is guilty as charged under count two in the light of exhibit KUKS1(his confessional statement).”
However, the court, while commending the prosecution counsel for her industry and research which helped in the determination of the matter in a record six months, said the trial was conducted in accordance with the Terrorism Prevention Act 2011 and the Practice Direction, which came into effect on June 1.
Justice Ademola, however, expressed reservation thus: “It is noteworthy that the Police themselves are yet to investigate the circumstances that led to the arrest of Kabiru Sokoto on January 14 last year, at Borno State Governor’s Lodge, in the Federal Capital Territory, seat of power of Nigeria.”
He, therefore, tasked the Police and the SSS to get to the root of the arrest of Kabiru Sokoto at the Borno Governor’s Lodge, adding that: “Police have a duty to Nigerians to investigate and prosecute any person no matter how highly placed. It is imperative that security agents should finish their investigation in respect of the arrest.
“In the final analysis, in the disposition of this case, I find Kabiru Sokoto, a member of an illegal terrorist organization as well as find him guilty of having prior knowledge of the plan to bomb St. Theresa’s Catholic Church, Madalla, on Christmas Day and concealed the information from security agents,” the court said.
In handing down the sentence, “count one carries life sentence and count two carries 10 years imprisonment. Both sentences will run consecutively, one after the other,” the court held.
Justice Ademola observed that “Kabiru Sokoto, throughout the trial, did not show remorse for the offence he committed; he is not a person that seems to have respect for truth. Christmas is a celebration for the whole world, whether you are Christian, Jew, Muslim etc. The sinister motive for bombing of a Church where people were worshiping on a Christmas Day is highly condemnable.”
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