By Stephen Simon
A Plateau State High Court has ruled that State High Courts have the constitutional authority to hear and determine terrorism and terrorism-related offences under the Terrorism (Prevention and Prohibition) Act, 2022 (TPPA).
The ruling, delivered by Justice Gedeliah Fwomyon, followed a preliminary objection filed by four suspects arrested by the Department of State Services (DSS) in connection with the alleged Easter 2026 massacre in Angwan Rukuba, Jos.
The defendants — Isa Umar Ibrahim, Adamu Isa Alhassan, Auwalu Abubakar, also known as Auwalu Dogo, and Musa Abubakar Ibrahim, also known as Yaroro — are facing terrorism charges filed by the Plateau State Government.
Counsel to the defendants had challenged the jurisdiction of the State High Court, arguing that terrorism offences were exclusively within the jurisdiction of the Federal High Court. They also contended that the TPPA, being a federal legislation, could not validly be prosecuted before a State High Court.
Justice Fwomyon rejected the argument, holding that although the TPPA was enacted by the National Assembly, the law contains no express provision excluding State High Courts from exercising jurisdiction over offences created under it.
The judge further held that terrorism is not expressly included in the Exclusive Legislative List of the Constitution, meaning that State Houses of Assembly retain the constitutional competence to legislate on matters relating to terrorism within their jurisdiction.
The court also found no inconsistency between the Plateau State Penal Code and the provisions of the TPPA, noting that both federal and state legislatures could validly enact laws addressing terrorism, provided such laws operate within their respective constitutional spheres.
Consequently, the court dismissed the defendants’ preliminary objection and affirmed its jurisdiction to proceed with the terrorism trial.
Court Rejects Request for Medical Transfer
In a separate ruling, the court also dismissed an application by the third defendant, Auwalu Abubakar, seeking his transfer from DSS custody to the Jos University Teaching Hospital (JUTH) for medical treatment.
Justice Fwomyon noted that medical examinations conducted by the DSS after the suspects’ arrest had certified them fit for detention.
The court further observed that the defendant failed to provide a medical report or other documentary evidence establishing the need for hospitalisation.
“Motion of the defendant is hereby refused and dismissed for failure to establish sufficient factual foundation upon which the relief is sought,” the judge ruled.
The matter has been adjourned until October 15 and 21, 2026, for continuation of trial.
