Justice Peter Odo Lifu of the Federal High Court, Abuja, has sentenced a Boko Haram victim, Ali Kolo, to nine years imprisonment for failing to report terrorist activities, while simultaneously ordering his immediate release after spending more than 10 years in detention.
Kolo, who was shot in the right leg by Boko Haram insurgents in Borno State, was found guilty on Thursday of concealing information about the group’s activities. He had been standing trial on a four-count charge filed by the Federal Government but pleaded guilty to one count.
Prosecuting counsel, Mr. David Kaswe of the Federal Ministry of Justice, told the court that Kolo failed in 2017 to report Boko Haram activities to the military or other security agencies, as required under the Terrorism (Prevention and Prohibition) Act, 2013. The prosecution tendered Kolo’s extra-judicial statement and an investigation report, both of which were admitted in evidence without objection from defence counsel, Mrs. A.O. Usman.
Kaswe urged the court to impose a 10-year sentence, citing the defendant’s guilty plea and confession. However, Kolo maintained that he was attacked and shot with an AK-47 while on his way to report the terrorists, leaving him hospitalised and unable to pass on the information.
In his ruling, Justice Lifu acknowledged that although Kolo failed to report the activities, the omission occurred under circumstances beyond his control. He consequently sentenced him to nine years imprisonment, effective from 2017 when he was first detained.
The judge noted that Kolo had already spent over a decade in custody, exceeding the imposed sentence, and ordered his immediate release to enable him seek medical care for injuries sustained during the terrorist attack. He stressed that Kolo was not convicted for membership or participation in Boko Haram activities but solely for failure to disclose information, adding that continued detention would amount to double jeopardy.
Despite reservations expressed by the prosecution, the court upheld the decision, stating that the convict had “suffered enough.”
In a related case, the court sentenced another defendant, Ibrahim Buba, to 10 years imprisonment for failing to report Boko Haram activities.
Buba, also known as Baba Gana, told the court he fled from Borno State to Adamawa and later Anambra States after being targeted by the terrorists, whom he recognised. He admitted knowing two members of the group but failed to inform authorities, instead relocating to Onitsha where he was arrested in 2023 while working as a bricklayer.
Justice Lifu sentenced him to 10 years imprisonment, starting from March 24, 2023, rejecting the prosecution’s request for a harsher 20-year term.