The Court of Appeal in Abuja has granted Kabiru Umar, also known as Kabiru Sokoto, an extension of time to appeal against his 2013 conviction and sentence to life imprisonment by the Federal High Court in Abuja.
The order, issued by a three-member panel comprising Justices Muhammed Danjuma, Ntong Ntong and Eleojo Enenche, followed an appeal filed by Mr Umar on 13 May.
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In the application, the appellant sought an extension of time to seek leave to appeal against the Federal High Court judgement delivered on 20 December 2013, an extension of time to file his notice of appeal, and an order deeming the notice of appeal already submitted to the court’s registry as properly filed and served.
PREMIUM TIMES reported that Mr Umar filed an appeal 12 years after he was convicted over the 2011 bombing of St Theresa Catholic Church in Madallah, a Niger State metropolitan area near Abuja.
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Mr Umar argued that circumstances beyond his control delayed his motion for appeal. The circumstances, according to an initial court document obtained by this newspaper, included the deaths of his two previous lawyers, “repeated custodial transfers,” and his family’s severe “financial constraints.”
What court granted
According to the enrolled order, the court granted prayers one (extending the time within which he can appeal the ruling) and three of the application (an order deeming the notice of appeal already filed as properly filed and served), while prayers two and four were withdrawn and struck out.
The court consequently extended the time within which Mr Umar may appeal the Federal High Court’s judgement in Suit No. FHC/ABJ/CR/38/2013.
The court also granted the appellant 21 days to file his notice and grounds of appeal in line with the attached exhibit and directed that the documents be filed at the registry of the lower court alongside the Court of Appeal’s order.
The enrolled order was issued on 20 August and certified by the Court of Appeal Registry on 2 September.
Background
Mr Umar, who has now bagged a degree during his prison term, is being tried for the Christmas Day bombing, which was claimed by Boko Haram, killed about 35 worshippers and left many others injured.
PREMIUM TIMES reports that Mr Sokoto was initially arrested on 14 January 2012 at the Borno State Governor’s Lodge in Asokoro, Abuja, alongside a serving military officer. He was then taken to Abaji (also in Abuja) by police officers investigating the case to search a house believed to be owned by him.
He escaped from police custody, leading to the suspension and house arrest of Zakari Biu, then-head of the Zone 7 Police Command in Abuja, overseeing Boko Haram investigations at the Criminal Investigation Department.
Before the incident, Mr Biu supervised the team that lost Mr Sokoto and was detained at an undisclosed location, alongside other junior police officers involved in the case.
READ ALSO: Boko Haram convict Kabiru Sokoto appeals 2013 life sentence for Catholic church bombing near Abuja
The escape also prompted then-President Goodluck Jonathan to issue a 24-hour ultimatum to the then-Inspector General of Police (IGP) Hafiz Ringim, to produce the Boko Haram suspect. Mr Ringim failed to do so and was later retired.
The State Security Services (SSS) said Kabiru Sokoto was re-arrested in February 2012, following what it described as a gunfight between its operatives and members of his gang in Taraba Satet.
He was subsequently sentenced by the Federal High Court in Abuja on 20 December 2013. The suspected terror kingpin was sentenced to life imprisonment life imprisonment for terrorism charges brought under Section 15(2) of the Economic and Financial Crimes Commission Act 2004.
The second charge attracted 10 years’ imprisonment under Section 7(1) under Terrorism Act, 2011.
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