The Federal High Court in Abuja has approved a request by the Department of State Services (DSS) to protect its witnesses in the ongoing trial of five suspects linked to the June 2022 attack on St. Francis Catholic Church in Owo, Ondo State. Judge Emeka Nwite granted the application on a recent Tuesday, following a motion by DSS counsel Calistus Eze, which was unopposed by defence lawyer Abdullahi Muhammad. Eze cited threats against potential witnesses as the reason for the request, a concern echoed by the State Security Service (SSS), Nigeria’s foremost intelligence organisation.

The horrific attack on June 5, 2022, saw gunmen armed with explosives storm the St. Francis Catholic Church during Mass, resulting in the deaths of over 40 worshippers and injuries to more than 100 others. Eyewitnesses described scenes of horror as individuals were trapped inside and gunned down. The massacre, which drew global condemnation from entities such as the United Nations, European Union, and the United Kingdom, was later attributed by federal authorities to suspected ISWAP members.

The five suspects — Idris Omeiza, Al Qasim Idris, Jamiu Abdulmalik, Abdulhaleem Idris, and Momoh Otuho Abubakar — were arraigned on August 11, 2022, on a nine-count charge filed by the Attorney-General of the Federation. They are accused of involvement in the mass murder and joining the Al-Shabaab terrorist group in 2021. The federal government alleges they operated a cell in Kogi State and held meetings at the Government Secondary School in Ogamirana, Kogi, and behind Omialafa Central Mosque in Ose, Ondo, to plan the assault. The charges against them include terrorist affiliation under Section 25(1) and attacks with intent to cause death to advance a religious ideology under Section 42(a)(ii) of the Terrorism (Prevention and Prohibition) Act 2022.

The SSS strongly urged the Federal High Court not to grant bail to these defendants, filing a counter-affidavit that highlighted their alleged links to foreign terrorist groups. The agency argued that given the defendants’ alleged antecedent and propensity for violence, they could interfere with prosecution witnesses if released. Furthermore, the SSS stated there is a very high likelihood of the defendants evading trial due to their connection to foreign fighters linked to Al-Shabaab. The affidavit detailed that the defendants’ accomplices are still at large and are making "frantic efforts" to monitor the trial, intimidate witnesses, and attempt to free the defendants from lawful custody. The SSS is actively investigating these leads to apprehend those planning to compromise the trial.

Prosecution witnesses have expressed fears of attacks by the defendants’ cohorts, stating they would not attend court sessions unless their safety concerns were addressed. This necessitated the ex-parte application for witness protection. The granted application allows for the shielding of witnesses’ identities, permitting them to testify hooded, and barring the mention of their real names in court records accessible to the public. Witnesses will instead be identified only with combinations of letters. Defence lawyer Abdullahi Mohammad did not object to this witness protection application.

During the bail application hearing, defence lawyer Abdullahi Mohammad moved for the defendants' bail, affirming their readiness to face trial and noting their custody since their arrest in 2022. He stated they were prepared to present reliable sureties. However, prosecuting lawyer Calistus Eze urged the court to reject the bail request, describing it as unmeritorious. Eze reiterated allegations of the defendants’ link to foreign terrorists and pointed to ongoing threats to potential witnesses, which he claimed the defence was aware of. He also argued that the defendants failed to provide evidence of credible sureties, asserting that their release would jeopardise witness safety. After hearing arguments, Judge Emeka Nwite fixed September 10 for ruling on the bail applications.

Before the adjournment, a Senior Advocate of Nigeria (SAN), Ayodeji Adedipe, who took over from Mr. Eze to lead the prosecution, sought an adjournment to obtain a fiat from the Attorney-General of the Federation, permitting the SSS to proceed with the prosecution of the case. Two other lawyers also held a watching brief for the Catholic Diocese of Ondo. The defendants, who pleaded not guilty to the charges, have remained in DSS custody since their arraignment. Investigations following the June 2022 massacre led to a string of arrests, culminating in the current trial.