The Federal High Court in Abuja has scheduled the hearing of a fresh application filed by Tukur Mamu, an alleged “terrorist negotiator” standing trial for his suspicious relationship with terrorists involved in the March 2022 Abuja-Kaduna train attack.
Trial judge Mohammed Umar, during a session on Monday, fixed July 22 for hearing of the bail request.
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Mr Manu’s counsel, Johnson Usman, a Senior Advocate of Nigeria (SAN), sought an adjournment on Monday to enable him to study and respond appropriately to the counter-affidavit that was served on him by the prosecution lawyer, David Kaswe.
Mr Mamu has been in the custody of the State Security Service (SSS) after his arrest on 7 September 2022 based on his suspicious relationship with the terrorists that carried out the March 2022 train attack along the Abuja-Kaduna railway.
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At least eight people died in the attack while 168 people were declared missing, most of whom were believed to have been kidnapped.
The remaining 23 kidnapped victims only regained their freedom after six months in captivity on 5 October 2022, following the federal government’s intervention.
Mr Mamu, in his fresh bail application filed on 30 May, sought two orders, including an order granting him bail pending trial on grounds of ill health.
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Alternatively, he sought an order directing the federal government to take him to “hospital to perform surgical procedure as recommended by both the Egyptian and Nigerian doctors.”
Among his four grounds is that he is facing a criminal charge and he is desirous of the discretion of the court granting him bail on health grounds pending the hearing and final determination of the case.
He wrote that his health has deteriorated, and he needs immediate surgical operation which was earlier recommended by the doctor.
He maintained that only the court could exercise its discretion to grant him bail.
“The defendant/applicant stands the risk of losing his life if the court does not exercise the discretion in his favour by admitting him to bail in other to get the necessary medical attention or by directing the prosecution to take the defendant to the hospital for surgical procedure as recommended by both Egyptian and Nigerian doctors,” he said.
Prosecution rejects bail application
However, in the counter-affidavit sworn to by Michael Akawo, a litigation clerk in the Department of Public Prosecutions, Federal Ministry of Justice, he stated that Mr Mamu previously applied for bail and the applications were duly considered arid denied by the court.
Mr Akawo, in the counter-affidavit dated and filed on 30 June, said that the defendant had not provided any new exceptional circumstances to warrant the reconsideration of a bail application at this time.
He argued that the terrorism offences for which Mr Mamu is standing trial for are not ordinarily bailable by the operation of law.
“That contrary to the defendant/applicant’s averments in paragraph 4 (a) of his affidavit in support, the defendant/applicant was not a member of the Committee set up by the Federal Government for the release of the Kidnapped victims of the 28th of March Abuja-Kaduna bound train attack.
“That contrary to the defendant/applicant’s deposition in paragraph 4 (b) and (c) of his affidavit in support, the defendant/applicant was arrested by Egyptian security officials at the Cairo International Airport and deported to Nigeria on the 7th of September 2022.
“That the defendant/applicant is a journalist and the publisher of Desert Herald whose publications have been notoriously alarmist in nature, serving the interest of terrorists and critical of government’s efforts.”
He urged the court to refuse the application in the interest of justice and the society.
The News Agency of Nigeria (NAN) reports that trial Inyang Ekwo earlier declined to grant Mr Mamu’s bail application.
Charges
The federal government arraigned Mr Mamu on 21 March 2023, on 10 counts of terrorism, including aiding terrorist operations in the country.
He pleaded not guilty to the charges.
The Kaduna-based Islamic scholar was accused of collecting various sums of money in different currencies from families of victims of the train attack, on behalf of the Boko Haram terrorists sect.
The federal government told the court that investigations revealed that the defendant collected an aggregate sum of $420, 000 from families of the victims, as well as N21 million from another set of families of the train attack.
It further alleged that Mamu concealed funds he earned from services he rendered to the terrorist organisation, in his residence in Kaduna State.
It told the court that the defendant had sometime in 2022, in Kaduna State, received ransom payments in the sum of N500, 000 on behalf of the Boko haram terrorist group, from families of the train attack that were held as hostages.
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More so, in the case that was signed by the Director of Public Prosecution of the Federation (DPPF), Mr M.B. Abubakar, the prosecution added that the defendant exchanged voice note communications with one Baba Adamu, identified as spokesperson of the Boko Haram, in relation to acts of terrorism.
It maintained that the defendant acted in breach of the Terrorism Prevention, Prohibition Act, 2022.
Mr Mamu, however, denied all the allegations.
Mr Mamu, who is accused of receiving ransom from families of the victims of the train attack on behalf of the terrorists, was arrested by Interpol in Cairo, Egypt, on behalf of the Nigerian government on 7 September 2022.
He was said to be on his way to Saudi Arabia for Lesser Hajj when he was intercepted in Cairo. He was detained at Cairo International Airport before being repatriated to Nigeria.
While he was being held in Cairo, the SSS raided his Kaduna residence and office. The SSS claimed that it recovered military uniforms and an amount of money during the raid.
The defendant, who also doubled as the spokesperson of the Kaduna-based cleric, Ahmad Gumi, was arrested by the SSS on 7 September afternoon at the Aminu Kano International Airport in North-west Nigeria upon his arrival from Egypt.
(NAN)
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