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Wisdom Tide 
308/2024

The Department of State Services (DSS) has secured a Federal High Court order in Abuja to freeze 20 bank accounts linked to Aisha Abdulkarim, a woman suspected of involvement in terrorist activities. These accounts, spread across eight different banks, will be frozen for a period of 60 days, enabling the DSS to conduct a thorough forensic investigation into Abdulkarim's alleged crimes.

Justice Peter Lifu granted the order after hearing an ex-parte application presented by the DSS. The agency argued that freezing these accounts was crucial to their ongoing investigation, as it would allow them unrestricted access to the financial institutions where these accounts are held. The banks involved include Opay Digital Services Limited, Access Bank, United Bank for Africa (UBA), Guaranty Trust Bank (GTB), Union Bank of Nigeria, Moniepoint Microfinance Bank, First Bank of Nigeria, and First City Monument Bank (FCMB).

The DSS's legal representative, Yunus Ishaku Umar, presented the case before Justice Lifu, emphasizing the importance of the freezing order in enabling the agency to follow the financial trail of the suspect. According to Umar, the ability to scrutinize these accounts without obstruction is essential for the DSS to uncover potential links to terrorism financing and other illicit activities.

A copy of the ex-parte application, referenced as FHC/ABJ/CS/1036/2024, was obtained during the court proceedings. The application details how the accounts are distributed among the banks: five accounts each are held at Access Bank and Moniepoint, four at Opay, two at UBA, and one each at GTB, First Bank, Union Bank, and FCMB.

In addition to Aisha Abdulkarim, the DSS has apprehended two other individuals, Yehusa Idris and Abdullahi Babayo Umar, in connection with the alleged terrorist activities. These arrests took place in different locations, and the individuals are currently in DSS custody as investigations continue.

The DSS had initially requested that the accounts be frozen for 90 days, arguing that the extended period was necessary to complete their investigation. However, Justice Lifu granted only 60 days, stressing the need for the DSS to expedite their work. The judge noted that while the gravity of the allegations against the suspects is undeniable, the law requires that they be presumed innocent until proven guilty. Therefore, any action that could cause undue hardship, such as a prolonged account freeze, must be carefully balanced against the rights of the suspects.

Justice Lifu’s decision reflects the court's commitment to ensuring that investigative processes do not overstep legal boundaries, particularly regarding the fundamental rights of individuals. By limiting the freeze to 60 days, the court has provided the DSS with sufficient time to carry out their investigations while also safeguarding the suspects' rights.

The case highlights the increasingly sophisticated methods used by security agencies to combat terrorism, particularly in tracking and disrupting financial networks that may support such activities. Freezing bank accounts is a common strategy employed by law enforcement agencies worldwide to prevent suspected terrorists from accessing funds that could be used to finance attacks or other criminal activities.

However, this strategy also raises important legal and ethical questions. Freezing accounts can have significant repercussions for the individuals involved, particularly if they are ultimately found to be innocent. The DSS will need to present compelling evidence to justify the continued embargo on these accounts beyond the initial 60-day period. Failure to do so could lead to legal challenges and potential claims for damages from the affected individuals.

Moreover, the involvement of multiple banks in this case underscores the challenges faced by financial institutions in monitoring and reporting suspicious activities. Banks are required by law to implement robust anti-money laundering (AML) and counter-terrorism financing (CTF) measures, but the effectiveness of these measures often depends on the quality of information provided by law enforcement agencies.

In this instance, the DSS's application indicates that they have identified specific accounts that are allegedly connected to terrorist activities. The next steps in the investigation will likely involve tracing the flow of funds into and out of these accounts, identifying any other individuals or entities involved, and determining whether these transactions constitute criminal activity.

As the investigation progresses, the DSS will need to work closely with the banks involved to ensure that their inquiries are conducted in a manner that complies with legal requirements and respects the rights of the account holders. This collaboration is critical not only for the success of the investigation but also for maintaining public trust in the financial system.

The outcome of this case could have far-reaching implications, particularly if it leads to the uncovering of a larger network of terrorist financing. It could also serve as a precedent for how similar cases are handled in the future, particularly concerning the balance between national security and individual rights.

In conclusion, while the DSS has taken a significant step in its fight against terrorism by freezing these accounts, the agency must proceed with caution. The court's decision to limit the freeze to 60 days reflects a recognition of the delicate balance that must be maintained between pursuing justice and protecting civil liberties. As the investigation continues, all parties involved will need to navigate this balance carefully to ensure that justice is served in a manner that is both effective and fair.

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