The Federal High Court (FHC,) in Abuja on Monday, fixed July 22 for hearing of the fresh bail application filed by Tukur Mamu, the “terrorist negotiator.”
Justice Mohammed Umar fixed the date following an adjournment sought by Manu’s counsel, Johnson Usman, SAN, to enable him study and respond appropriately to the counter affidavit that was just served on him by the Federal Government’s lawyer, David Kaswe.
Mamu, in the motion on notice dated and filed on May 30, sought two orders, including an order admitting him to bail pending trial on ground of ill-health.
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.”
Giving four grounds why his application should be considered, the applicant said he is facing a criminal charge as per the records the court and that is desirous of the discretion of the court granting him bail pending the hearing and final determination of the case on the ground of ill-health.
He said his health has deteriorated and he is in need of immediate surgical operation which was earlier recommended by the doctor.
According to him, it is only this honourable court that can exercise its discretion at this stage in admitting the defendant/applicant to bail pending the hearing and determination of the case against him.
“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.
However, in the counter affidavit deposed to by Michael Akawo, a Litigation Clerk, Department of Public Prosecutions, Federal Ministry of Justice, he averred that Mamu previously applied for bail and the applications were duly considered arid denied by the court.
Akawo, in the counter affidavit dated and filed on June 30, 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 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 Justice Inyang Ekwo of FHC had, earlier, declined to grant Mamu’s bail application.
The Federal Government had, on March 21, 2023, arraigned Mamu for allegedly aiding terrorist operations in the country.
He was arraigned on a 10-count terrorism charge but pleaded not guilty to the charge.
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.
More so, in the charge that was signed by the Director of Public Prosecution of the Federation (DPPF), Mr M.B. Abubakar, FG 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.
Mamu, however, denied all the allegations.
