Recall that 17 suspects were initially arraigned in court last year, but in November of same year, the number was reduced to four.
Ipaye explained that the remaining 13 suspects were freed after investigations revealed that there was not enough evidence to successfully prosecute them in court.
Mr. Ipaye, who obtained a fiat from the Attorney General of the Federation to prosecute the suspects, said he had to file a “nolle prosequi” (Latin for “will no longer prosecute”) in their favour subsequent upon which they were released.
He listed the four suspects that stood for trial before Justice Ibrahim Buba as – Ali Mohammed, Adamu Karumi, Ibrahim Usman and Bala Haruna.
They were prosecuted on a six-count charge bordering on conspiracy, acts of terrorism, concealing of information and possession of firearms and ammunitions under the terrorism Act, 2013.
Ipaye said the law under which they were charged actually prescribed death penalty for such offence.
“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 on the suspects”, he stated.
State Attorney General and Commissioner for Justice, Mr. Ade Ipaye, on Thursday, made clarifications on why three of the four Boko Haram suspects arraigned before a Federal High Court, Lagos, were not given the death sentence.
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