Talal Roda, and Abdulla Tahini, alleged to have imported arms into the
country yesterday, told a Federal High Court sitting in Abuja that a
prominent member of their group identified as, Hussein Hajj once met
and shook hands with President Goodluck Jonathan.
The suspects, including the co-owner of Amigo Supermarket and
Wonderland resort in Abuja, Fawaz, who were alleged to be members of
Hezbollah terrorist organisation, further told the court that the
large cache of arms recovered from them by the Military Joint Task
Force, JTF, were mere hunting-riffles, insisting that the Nigerian
government has no right to curtail their fundamental human rights on
the allegation that they constitute threat to its national security.
The weapons recovered from a bunker at 3 Gaya Road, off Bompai Street,
Kano, following a search by a combined team of the JTF including
soldiers from 3-Brigade and the Department of State Services, DSS, on
the bunker, included anti-tank weapons, rocket-propelled guns,
anti-tank/anti-personnel mines among other dangerous weapons.
According to the security operatives that conducted the search, the
arms and ammunition were properly concealed with several layers of
concrete and placed in coolers, drums and bags neatly wrapped.
Meantime, the accused persons have urged the court to not only order
their immediate release from the custody of the DSS, but to award them
cost to the tune of N50billion, adding that contrary to allegation
against them that their organisation was a terrorist group, Hezbollah
is a political party in Lebanon.
Counsel to the accused persons, Mr Ahmed Raji, SAN, produced pictures
before the court showing where the said leading member of the
organization, Dr Hussein Hajj, met with President Jonathan at the Aso
Rock Villa, contending that the Nigerian government abused their right
when it earlier dragged them before a Chief Magistrate Court in Karu,
which they said lacked the competence to try them.
Meantime, the Federal Government, yesterday, asked the High Court to
dismiss the plaintiff's suit as grossly lacking in merit, saying it
has uncovered more evidence to prove that the suspects belong to the
military wing of Hezbolla which it described as a terrorist
organization.
Counsel to the government, Mr Clifford Osagie, informed the court that
the Attorney General of the Federation and Minister of Justice,
Mohammed Bello Adoke, SAN, has already entered a fresh six-count
terrorism charge against them before the Federal High Court.
Osagie said, "We have proofs that the applicants belong to the
military wing of Hezbolla which is a terrorist organization and in the
coming days, this country will know more about them. The applicants
had in their affidavit attached pictures of someone who was shaking
hands with President Jonathan saying the President knew he was a
member of Hezbollah. If they could do that, then why have they failed
to attach the register of membership of Hezbollah as a political
party?
"Likewise, we urge this court to disregard their argument that what
were recovered from them were hunting-riffles. What we found were
assorted weapons of terror and prohibited fire arms. They are people
who hunt human beings and terrorists do so!
"Even if, without conceding that they were Air or Hunting- Riffles,
our animals are protected in this country. I do not know about their
own country. Besides, they need to tell this court where they have
gone hunting in this country. They want to kill us. They hunt human
beings. They need to show this court that they have license for such
deadly weapons."
Relying on the case of Dokubo Asari Vs FRN, Osagie, maintained that
where national security is in question, individual rights take second
place.
"This is a case where the security of Nigeria has been called to
question by individuals who have benefited so much from this country;
who have made immense wealth from the liberality of this nation. The
activities of the applicants threaten the national security of Nigeria
and the corporate existence of this country. They cannot lift up their
fundamental human rights as the basis to breach national security. The
Attorney General, on June 20, 2013, filed a six- count charge against
them. Once the case is assigned and a date fixed for arraignment,
their trial will commence.
"We therefore urge this court to dismiss this application in its
entirety as being of no substance, frivolous and intended to pervert
the course of justice. It is not in the interest of Nigeria or our
national security. It lacks merit," he added.
Meantime, the trial judge, Justice Ademola Adeniyi has adjourned the
case till Monday to enable counsel to the applicants reply on points
of law to the arguments of the Federal Government, even as he ordered
that the suspects be remanded in the custody of the DSS.
Government had in its affidavit against the suit, maintained that
"Mustapha Fawaz (2nd respondent) was arrested on May 11, 2013. His
residences at Wonderland Amusement Park, Abuja, and 58 Adetokumbo
Ademola Street Wuse Zone 2, Abuja, were duly searched in the course of
which prohibited firearms and other incriminating items were
discovered. A copy of the duly endorsed search warrant and pictures of
the said firearms are hereby exhibited and marked exhibits 1 and
1(A-D) respectively.
"That further investigation led to the arrest of Abdullah Tahini (1st
respondent) on May 12, 2013 at the Mallam Aminu Kano International
Airport, Kano, on his way to Egypt en route Lebanon. He was found to
be in possession of $61, 170."
The government further told the court that "On May 26, 2013, the 3
Gaya Road, Nasarawa Local Government Area, Kano residence of one Ahmed
Hassan Taher, a relative of the 2nd respondent (now at large) was
searched. At the material time, Talal Roda (3rd respondent) and a
suspect in the unfolding investigation was found in the house. He was
arrested in the course of the search which was conducted in his
presence as he had access to the hidden recesses discovered in the
premises.
"A further search of the Kano residence led to the discovery of large
cache of sophisticated weapons and weapons of mass destruction. It was
a war arsenal. A copy of the duly endorsed search warrant executed on
the residence as well as pictures of the discovered prohibited arms
are exhibited and marked exhibits 2."
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