A High Court of Plateau State has ruled that state high courts have jurisdiction to try persons accused of terrorism and terrorism-related offences under the Terrorism Prevention and Prohibition Act, TPPA, 2022.
The ruling was delivered on Tuesday by Justice Gedeliah Fwomyon in a case involving four suspects accused of participating in the Easter 2026 Angwa Rukuba massacre in Plateau State.
The court also dismissed an application seeking the transfer of one of the suspects from Department of State Services custody to Jos University Teaching Hospital for medical treatment.
The ruling could have significant implications for the prosecution of terrorism cases in Nigeria, as such trials have generally been considered to fall within the jurisdiction of the Federal High Court.
The four suspects — Isa Umar Ibrahim, Adamu Isa Alhassan, Auwalu Abubakar, also known as Auwalu Dogo, and Musa Abubakar Ibrahim, also known as Yaroro — were arrested by the DSS following the massacre. The Plateau State Government subsequently filed terrorism charges against them.
During the proceedings, counsel for the defendants challenged the jurisdiction of the State High Court, arguing that terrorism offences under the TPPA could only be tried by the Federal High Court.
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Ruling on the objection, Justice Fwomyon held that although the TPPA is a federal legislation, it does not prohibit state high courts from trying offences covered by the Act.
The judge also held that there was nothing in the Constitution preventing state Houses of Assembly from legislating on terrorism, noting that the subject matter does not fall under the exclusive legislative list.
The court further ruled that the Plateau State Penal Code was not inconsistent with the TPPA, holding that both the National Assembly and state Houses of Assembly could validly legislate on terrorism.
The court also rejected an application by the third defendant, Auwalu Abubakar, seeking his transfer from DSS custody to JUTH for medical attention.
Justice Fwomyon noted that the suspects had undergone medical examinations following their arrest by the DSS and were certified medically fit for detention.
The judge further held that the court could not grant relief based on documents that had not been placed before it, noting that the defendant had failed to provide the medical report on which his application was based.
“Motion of the defendant is hereby refused and dismissed for failure to establish sufficient factual foundation upon which the relief is sought,” the judge ruled. The court adjourned the matter to October 15 and 21, 2026.
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