Court sentences Boko Haram victim to nine years in jail

…Another one receives 10-year term

The Federal High Court in Abuja has sentenced Ali Kolo, a victim of Boko Haram terrorism, to nine years in prison, despite having already spent over a decade in detention.

Justice Peter Odo Lifu delivered the ruling on Thursday, finding Kolo guilty of failing to disclose information about the terrorist group’s operations to security agencies.

Kolo, who was shot in the right leg by Boko Haram militants in Borno State en route to report the group’s activities to the military, was initially charged with four counts by the Federal Government. He pleaded guilty to one count of concealing information related to Boko Haram’s activities in the state.

During the trial, federal prosecutor David Kaswe, a Deputy Director in the Federal Ministry of Justice, presented evidence showing that in 2017, Kolo failed to relay vital intelligence to the military or other security agencies, in violation of the Terrorism Prevention and Prohibition Act, 2013. The prosecution also tendered Kolo’s extra-judicial statement and an investigation report, which supported his indictment for obstructing efforts to counter the insurgency.

While the defendant’s counsel, A.O. Usman, did not object to the evidence, Kolo’s legal team argued that his failure to report was due to extenuating circumstances. Kolo had been shot by Boko Haram militants on his way to the military, which prevented him from fulfilling his reporting duty.

His lawyer urged the court to show leniency, citing the injury and trauma caused by the attack.

In his judgment, Justice Lifu acknowledged that Kolo had failed to report the terrorist activities but attributed the failure to factors beyond his control.

The judge sentenced Kolo to nine years in prison, with the term starting from his arrest in 2017.

The judge also ordered Kolo’s immediate release, noting that he had already spent more than 10 years in detention surpassing his sentence. This decision was intended to prevent double jeopardy.

Despite objections from the prosecution, which had sought a 10-year sentence, Justice Lifu emphasized that Kolo was not convicted for membership in Boko Haram or involvement in terrorist training, but solely for concealing information.

In a separate case, Ibrahim Buba, a bricklayer from Borno State, was sentenced to 10 years in prison for failing to report Boko Haram activities. Buba, known as Baba Gana, claimed he fled Borno to Mubi in Adamawa State and later to Onitsha in Anambra after recognizing some of the militants targeting him.

He admitted to knowing two of the terrorists but failed to pass the information to the military.

Although Buba faced two charges, he pleaded for leniency. In response, Justice Lifu reduced the sentence to 10 years, down from the 20 years sought by the prosecution.

The sentence will begin from March 24, 2023, the date of Buba’s arrest.