Plateau Court Upholds State Jurisdiction to Try Terrorism Cases

Plateau Court Upholds State Jurisdiction to Try Terrorism Cases

By Jija Bokoti Media

PLATEAU STATE, NIGERIA — The Plateau State High Court has ruled that State High Courts have the jurisdiction to hear and determine terrorism-related cases under the Terrorism (Prevention and Prohibition) Act (TPPA) 2022.

The ruling was delivered on Tuesday by Justice Gedeliah Fwomyon while deciding a jurisdictional objection raised by four suspects accused of involvement in the Easter 2026 Angwa Rukuba massacre in Plateau State.

The suspects Isa Umar Ibrahim, Adamu Isa Alhassan, Auwalu Abubakar, also known as Auwalu Dogo, and Musa Abubakar Ibrahim, also known as Yaroro were arrested by the Department of State Services (DSS) following the incident.

The Plateau State Government subsequently filed terrorism-related charges against them.

Court Rejects Exclusive Federal Jurisdiction Argument

Counsel to the defendants had challenged the jurisdiction of the Plateau State High Court, arguing that terrorism cases under the TPPA should only be handled by Federal High Courts.

However, Justice Fwomyon rejected the argument, ruling that although the TPPA is a federal legislation, it does not prevent State High Courts from prosecuting offences covered by the Act.

The judge also held that there is nothing in the Nigerian Constitution preventing State Houses of Assembly from legislating on terrorism, noting that terrorism is not listed under the exclusive legislative list.

According to the court, provisions of the Plateau State Penal Code can also operate alongside the federal terrorism legislation, provided they are not inconsistent with the TPPA.

Court Rejects Request for Medical Transfer

The court also dismissed a request by the third defendant, Auwalu Abubakar, seeking transfer from DSS custody to the Jos University Teaching Hospital (JUTH) for medical treatment.

Justice Fwomyon noted that the suspects underwent medical examinations after their arrest and were certified medically fit for detention.

The judge further stated that the defendant had failed to present sufficient medical documentation to support the request for transfer.

The application was therefore dismissed for failing to establish a sufficient factual basis for the relief being sought.

The court subsequently adjourned the matter to October 15 and October 21, 2026, for further proceedings.

What the Ruling Means

The decision could have wider implications for the prosecution of terrorism cases in Nigeria, as it challenges the long-held assumption that terrorism trials fall exclusively under the jurisdiction of Federal High Courts.

The development is also likely to generate further legal debate over the respective powers of federal and state courts in prosecuting terrorism-related offences.

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