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From Jude Owuamanam, Jos
The Jos High Court has dismissed a preliminary objection filed by suspects standing trial over the Easter 2026 killings in Angwan Rukuba, Jos North Local Government, Plateau State, challenging the court’s jurisdiction to entertain terrorism-related charges against them.
The court, presided over by Justice Gedeliah Fwomyon, ruled that it had the jurisdiction to try the defendants under the Terrorism (Prevention and Prohibition) Act (TPPA) 2022.
The ruling followed an objection by the defendants, who argued that only the Federal High Court had jurisdiction to try offences created under the federal terrorism law. The suspects were arraigned by the Department of State Services (DSS) over their alleged involvement in the deadly attack in Angwan Rukuba, which claimed no fewer than 30 lives.
Delivering judgment on the preliminary objections on Tuesday, Justice Fwomyon overruled the arguments of counsel to the defendants and affirmed the jurisdiction of the state High Court to entertain the charges. The judge held that although the TPPA 2022 was a federal legislation, the law did not expressly bar a State High Court from trying offences created under it.
Justice Fwomyon further held that there was nothing in the Constitution preventing a State House of Assembly from legislating on terrorism, stressing that terrorism was not listed under the Exclusive Legislative List. He also ruled that the Plateau State Penal Code was not inconsistent with the provisions of the TPPA, adding that both the National Assembly and State Houses of Assembly could validly legislate on matters relating to terrorism within their respective legislative competence.
The court consequently dismissed the defendants’ objection challenging its jurisdiction to entertain the terrorism charges.
Justice Fwomyon also dismissed a separate application filed by the third defendant, Auwalu Abubakar, seeking an order directing the DSS to transfer him to the Jos University Teaching Hospital (JUTH) for medical treatment.
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Abubakar had sought the order on the grounds that he required medical attention while in DSS custody.
However, the judge noted that following the suspects’ arrest by the DSS, they were subjected to medical examination and certified medically fit for detention.
The judge further held that the court could not grant the relief sought on the strength of documents that had not been placed before it.
According to Justice Fwomyon, the defendant failed to provide the court with a medical report or any other documentary evidence to support his claim that he required treatment at JUTH.
He consequently dismissed the application.
The ruling is expected to have significant implications for the prosecution of terrorism-related cases in Nigeria, particularly against the backdrop of the long-standing position that such cases fall exclusively within the jurisdiction of the Federal High Court.
Further proceedings in the case have been adjourned to October 15 and 21, 2026.
