The Plateau State High Court sitting in Jos has ruled that state high courts have jurisdiction to hear and determine terrorism-related cases under the Terrorism (Prevention and Prohibition) Act (TPPA) 2022.
The ruling was delivered by Justice Gedeliah Fwomyon while determining a preliminary objection challenging the jurisdiction of the court to try four suspects arrested by the Department of State Services (DSS) in connection with the killings in the Angwan Rukuba area of Jos North Local Government Area.
The suspects are being prosecuted over the Palm Sunday attack on Angwan Rukuba, where about 30 people were reportedly killed.
The Plateau State Government had filed charges against Adamu Alhassan Isa, Isa Umar Ibrahim, Auwalu Abubakar, also known as Auwalu Dogo, Musa Abubakar Ibrahim, popularly known as Yaroro, and Ado Ibrahim, who is said to be at large.
During the proceedings, counsel to the defendants challenged the jurisdiction of the court, arguing that the TPPA vested jurisdiction over terrorism-related offences exclusively in federal courts.
The defence therefore urged the court to decline jurisdiction on the grounds that the Plateau State High Court lacked the authority to entertain the case.
The Ruling
Ruling on the objection on Tuesday, Justice Fwomyon held that the TPPA does not prohibit state high courts from trying terrorism-related offences.
The judge further held that there is nothing in the Nigerian Constitution preventing state Houses of Assembly from legislating on terrorism, noting that terrorism is not listed among matters on the Exclusive Legislative List.
According to the court, both the National Assembly and state Houses of Assembly can validly legislate on matters relating to terrorism.
Justice Fwomyon also noted that although the TPPA is federal legislation, there is no provision in the Act expressly barring a state high court from hearing cases brought under the legislation.
The court, however, dismissed an application by the third defendant, Auwalu Abubakar, seeking to be transferred from DSS custody to the Jos University Teaching Hospital (JUTH) for medical attention.
The case was subsequently adjourned to October 15 and 21, 2026, for further proceedings.