The Federal High Court in Abuja, on Thursday, fixed March 16 for the Department of State Services (DSS) to open its case against the two Ansaru leaders; Mahmud Usman and Abubakar Abba, on alleged terrorism offences.
The matter, which was slated for the prosecution to open its case, could not go on after the defence lawyer, Bala Dakum, told Justice Emeka Nwite that he had been unable to have access to the defendants to prepare for their defence.
Earlier when the case was called, DSS counsel, David Kaswe, informed the court that they were ready to proceed and that their 1st prosecution witness, who was to testify under protection, was in court.
But Dakum told the court that he was not ready to go on with the trial because he had not had access to the defendants since he took up the case in October 2025.
“The defendants are new to me and I only have the charge.
“If they want us to proceed, I just have to access them or they should be taken to any of the prison facilities,” he said.
The lawyer, therefore, applied that the defendants be transferred to a correctional centre in the interim so that the court could make progress.
Responding, Kaswe explained that there was a facility upgrade going on at the DSS headquarters, where the suspected terrorists are kept, aimed at ensuring compliance with global best practices.
The lawyer said due to the upgrade, access to all those in custody, including the defendants, would be difficult until this is completed.
Justice Nwite, however, expressed concern over the call for adjournment after the case was scheduled for commencement of trial.
He said despite being a vacation judge and coupled with the restriction of movement to mark the Armed Forces Remembrance Day, he abandoned every other thing to ensure that the trial commenced today.
“It is as if all the effort I am making is going nowhere.
“I should be resting by now because during the period of Christmas and new year celebrations, I was here,” he said.
Kaswe then apologised and appealed that the matter be adjourned to allow the facility upgrade to be completed.
The judge, therefore, asked for the leader of the DSS operatives in court and the officer stepped forward.
The judge asked him if he knew how long the facility upgrade would last.
“Our predicament is that we don’t know when the upgrading will end so that it will be a guide to the next adjourned date,” the judge said.
Responding, the officer said: “My lord, I may not be in the position to state categorically when this will be completed.
“I am not directly in charge of that area but I can say that by March or April, it might have been completed because it is in cooperation with international agencies.”
The prosecution lawyer then undertook that if Dakum is not allowed to see the defendants before the next adjourned date, the court could make an order transferring them to any of the correctional centres.
Kaswe reminded the court that the Ist defendant (Usman) was already a convict, having pleaded to a count of the 32 counts preferred against them and was sentenced and convicted accordingly.
But the defence lawyer told the court that the suspects ought to be given access to their lawyer and family members, especially the 1st defendant, who he said has 19 children.
Justice Nwite consequently adjourned the matter until March 16 for commencement of trial after taking note of the undertaking made by the prosecution lawyer.
The judge had, on Sept. 11, convicted and sentenced Usman, a.k.a Abu Bara’a/Abbas Mukhtar, to 15 years imprisonment for illegal mining.
The development was after Usman pleaded guilty to count 10 of the 32-count terrorism charge preferred against him and his deputy commander, Abba, a.k.a Isah Adam/Mahmud Al-Nigeri.
Usman and Abba, in count 10, were alleged to have, sometime between 2015 and 2025 committed the illegal mining offence.
They were accused of having mined precious minerals such as thunder and california stones without lawful authority.
The offence, according to the Federal Government, is contrary to and punishable under Section 8(b) of the Miscellaneous Offences Act, LFN 2004, and punishable under the same Section of the Act.
Although Usman pleaded guilty to count 10, Abba, who is a deputy commander of the terrorist group, did not when the whole counts were read to them.
The two top leaders of Ansaru, an Al-Qaeda affiliated network, were recently arraigned before Justice Nwite.
Usman and Abba, popularly called Mallam Mamuda, were arraigned on 32-count charge bordering on terrorism and others.
While Usman is the 1st defendant, Abba is the 2nd defendant in the charge marked: FHC/ABJ/CR/464/2025.
The charge was dated and filed on Sept. 4 by Mr Abubakar, Director of Public Prosecutions on behalf of the Attorney-General of the Federation and Minister of Justice.
In count, Usman who hails from Okene Local Government Area (LGA) of Kogi and Abba from Daura LGA of Katsina State were alleged to have aided and abetted the acts of terrorism sometime between 2013 and 2015.
They were accused of conspiring amongst themselves and agreeing to be part of the formation and top commanders of the Jama’atu Ansarul Muslimeena Fii Bilaadis Sudan (a.k.a. JAMBS/Ansaru, a proscribed terrorist organisation in Nigeria.
In counts three and four, they were accused of receiving training in weapons handling and training on the fabrication of Improvised Explosives Devices (IEDs) from various terrorist camps.
In count five, they were accused of an act preparatory to acts of terrorism by receiving training on war tactics from Jama’atu Nusratil Islami Wal Muslimin, a.k.a. JNIM, a terrorist group in Mali.
In count seven, they were accused of contributing to the attack on Wawa Cantonment of the Nigerian Army in Kainji, New-Bussa, Borgu LGA of Niger sometime in 2022 resulting in mass casualties, among the 32 counts.
Following their not guilty plea, the judge had ordered them to be remanded at the DSS facility in Abuja, pending the conclusion of the trial.
