Reason why Boko Haram convicts were not sentenced to death

Against the backdrop of criticisms
trailing the judgment of the
Federal High court which
sentenced some Boko Haram
members to prison terms, Lagos
State government yesterday
explained that the convicts were
yet to carry out an act of
terrorism.
At a briefing by the state Attorney
General and Commissioner for
Justice, Mr. Ade Ipaye, he set the
record straight and stated non of
them was guilty of murder or
terrorism.
According to the Attorney General,
17 suspects were initially
arraigned before Justice Ibrahim
Buba as at March, 2013, but by
November of same year, they had
been reduced to four suspects
because no concrete evidence to
prosecute them.
It could be recalled that through
out the trial the court carried out
its proceedings under camera.
Ipaye who said he obtained a fiat
from his federal AG for the
prosecution said he had to file a
“nolle prosecui” in favour of those
released by the court.
Again Ipaye noted, 13 suspects
had to be released because further
investigation carried out on them
revealed that there was no
sufficient evidence to continue to
hold them.
He listed the four suspects that
went through trial and eventually
convicted before Justice Ibrahim
Buba toi include Ali Mohammed,
Adamu Karumi, Ibrahim Usman
and Bala Haruna.
They had been charged on a six
count charge bordering on
conspiracy, acts of terrorism,
concealing information and
possession of firearms and
ammunitions under the terrorism
Act, 2013.
Ipaye explained that the law under
which they were charged actually
prescribed maximum penalty of
death sentence.
“For this, the trial judge would
have to consider whether the
Improvised Explosive Devices
(IEDs) were detonated, whether it
caused grievous bodily harm or
death of individuals among other
consideration before coming down
heavily with the law”.
The Attorney General who listed
the different stages of terrorist
acts which determine sentences
said they convicted persons were
caught at stage three, where they
were still making preparations and
that at this stage, they cannot be
charged, even for attempting to
commit terrorist act.
“Investigation even revealed that
they were caught with the IEDs in
their rooms at Ijora Oloye, fully
primed and ready to be deployed”,
he explained.
Ipaye said each of the convicts
would spend a total of 25 years in
prison.
According to him, they would first
spend 20 years on charges
bothering on terrorism, which
would run concurrently, and
therefter commence another term
of five years for being in
possession of firearms and
ammunitions.
Ipaye said the fourth suspect, Bala
Haruna was not charged for the
same offence with the other three
suspects as he was only called in
to provide money to bail one of the
convicted persons.
He said the court discharged and
acquitted Haruna because there
were doubts on the evidences
against him and which were not
sufficient enough to convict him.