2011 which provided for measures for the prevention, prohibition and combating
of acts of Terrorism in Nigeria.
She also contended that under the Terrorism (Prevention) (Amendment) Act 2013,
the responsibility for gathering intelligence and investigating offences
constituting acts of terrorism lies with the law enforcement and Security agencies
which includes the Nigeria Armed Forces.
Furthermore, the Defendant submitted that intelligent report gathered by Security
agents of the Defendant confirmed increased activities of suspected Boko Haram
Terrorists within and around Abuja, as a result of their fleeing from Borno State
and other parts of North Eastern Nigeria. That such elements were taken refuge
in uncompleted building in Abuja from where they engaged in menial jobs like
hawking, driving “Keke Napep” hawking water and cab driving.
As a result of these, the Defendant’s Security agencies including the Army, and
the Department of State Security do carry out operations in Abuja from time to
time. Pursuant to the above, the Agents of the Defendant invaded an uncompleted
building at Adesoji Aderemi Crescent Apo, Zone E on an alleged suspicion that
there were likely weapons buried in the vicinity by members of Boko Haram and
that some terrorists were occupying the building. The Defendant further
contended:
a. That when the Agents approached the vicinity, several gun shots were fired
at them from the building and they fired gunshots into the building in self
–defence which resulted in the loss of lives and injuries while the operation
was on.
b. That members of the Police force and Civil Defence of the Defendant were
deployed the following day to the scene to convey the Applicants and
deceased bodies to Asokoro Hospital. In their words, “The officers could not
carry out assignment until day break to avoid being harassed or attacked by
aggrieved members of the Community”.
c. That even the Senate Report commended the Agents of the Defendant for
a job well done.
d. That in carrying out the operations, the Defendant’s agents complied with
all known rules of engagement. More so, as some Terrorists were arrested
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