Oyo School Abduction: DSS Appeals Life Sentences for Ansaru Convicts, Seeks Death Penalty

The Department of State Services (DSS) has indicated that it will appeal the life imprisonment sentences handed to three convicted members of the Ansaru terrorist group over their alleged involvement in the abduction of schoolchildren and teachers in Oriire Local Government Area of Oyo State.

The agency said it was dissatisfied with the decision of the Federal High Court in Abuja, arguing that the sentences imposed on the convicts did not adequately reflect the seriousness of the offences for which they were prosecuted.

According to the DSS, the attack involved the killing of two teachers, an act which, in the agency's view, constitutes a capital offence deserving of the death penalty under Nigerian law.

The three men, Abdulrazak Umar, also known as Abu Khalifa or Abu Khalid; Yunusa Musa, also known as Yunusa Bin Musa; and Shamsu Adamu Sani, also known as Abu Itisar, were convicted and sentenced to life imprisonment by Justice Salim Ibrahim after pleading guilty to terrorism-related charges filed against them by the DSS.

The convicts admitted to being members of Darul Salam, described in court as an affiliate of the proscribed Ansaru terrorist group, formally known as Jama’atu Ansaril Muslimina fi Biladis Sudan.

They also pleaded guilty to charges relating to the concealment of information about the abduction of schoolchildren and teachers.

During proceedings, the prosecution alleged that the three men knew about the planned attack but deliberately withheld the information from security agencies.

The defendants reportedly admitted that the alleged kidnappers, Muhammad Sani, Jibril Mohammed and Ibrahim Khabab were their associates and that they failed to disclose information that could have assisted security agencies in preventing the operation.

Abdulrazak Umar faced additional allegations relating to terrorist training, issuing operational instructions and the use of a WhatsApp group, identified as "The Oneness of Allah is the Foundation of Peace", to propagate extremist ideology and allegedly incite acts of terrorism.

A DSS operative, identified before the court as "Witness AA", testified that the defendants confessional statements were voluntarily made in the presence of their lawyers.

The court also admitted the DSS investigation report as evidence. The report had earlier been forwarded to the Attorney-General of the Federation and Minister of Justice as part of the prosecution's case.

In their defence, counsel to the convicts, A.A. Shetima, appealed for leniency, describing his clients as first-time offenders with aged parents and dependants.

The defence lawyer also argued that the men did not directly participate in the abduction but were accused of concealing information concerning the planned attack.

However, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), opposed the plea for leniency.

Oyedepo argued that the abduction could have been prevented if the defendants had disclosed the information in their possession to security agencies.

He further told the court that security personnel lost their lives during the operation to rescue the abducted victims and urged the judge to impose the maximum punishment as a deterrent to others involved in terrorism and kidnapping.

After considering the submissions, Justice Ibrahim sentenced the three defendants to life imprisonment.

The court imposed the life sentence on all three convicts on Count Six, while Abdulrazak Umar received additional life sentences on Counts Seven, Nine and Ten.

The defendants, all said to be natives of Niger State, were prosecuted on a 10-count charge bordering on terrorism, kidnapping, concealment of information and facilitating terrorist activities.

The charges were brought under Section 16(1) of the Terrorism (Prevention and Prohibition) Act, 2022.

The prosecution alleged that the defendants knowingly withheld information about planned terrorist operations, facilitated the abduction of schoolchildren and teachers and used digital communication platforms in connection with terrorist training and activities.

Reacting to the judgment, the DSS acknowledged the convictions as another step in the fight against terrorism but expressed dissatisfaction with the punishment imposed by the court.

The agency maintained that the circumstances surrounding the case warranted a more severe sentence, particularly because of the killing of two teachers during the attack.

The DSS said it would therefore challenge the decision at the Court of Appeal, insisting that the offences committed by the convicts warranted the maximum punishment prescribed by law.

The agency's position sets the stage for a further legal battle over the appropriate sentence for the convicted men, with the appellate court expected to consider the grounds of the DSS appeal and the applicable provisions of Nigerian law.

The case has also renewed attention on the prosecution of terrorism-related offences in Nigeria, particularly the extent to which individuals who provide support, conceal intelligence or facilitate terrorist activities should be punished when they are not alleged to have directly carried out an attack.

The development comes days after another Federal High Court in Abuja sentenced two senior Ansaru commanders, Mahmud Muhammad Usman, popularly known as Abu Bara’a, and his deputy, Mahmud al-Nigeri, also known as Mallam Mamuda, to life imprisonment over terrorism-related offences.

The latest appeal by the DSS underscores the agency's determination to pursue harsher punishment in terrorism cases where it believes the circumstances of the offences justify the maximum penalty available under the law.