Terrorism: Court Dismisses Tukur Mamu’s Plea To Leave DSS Custody
A Federal High Court sitting in Abuja, on Monday, May 20, 2024, dismissed an application file by alleged terrorist negotiator, Tukur Mamu, seeking transfer from the custody of the Department of State Service (DSS) to Nigeria Correctional Centre, Kuje.
The Court presided over by Justice Inyang Ekwo dismissed the application on the ground of insecurity of the custodial facility.
Mamu, who was arrested on September 6, 2022 by Interpol in Cairo, Egypt, is standing trial over his alleged involvement in negotiation with terrorists that were carried out attack on an Abuja-Kaduna bound Train on March 28, 2022.
Justice Ekwo held that Mamu did not deny the issue of incessant jailbreak in prisons which was raised by the Federal Government and further held that any averment that was not controverted was deemed to be true.
Justice Ekwo further held; “And facts admitted need no further proof. The Court takes into account the security of the custodial facility, health of the defendant and the type of the allegations contained in the charge sheet.
“I find that the averments of the complainant (Federal Government) as it concerns jailbreak to be credible. I find that this application lacks merit and I make an order dismissing it,” he held.
Accordingly, Justice Ekwo ordered Tukur Mamu to remain in custody of the DSS throughout his trial over alleged terrorism financing charges against him.
The Court also affirmed its earlier order that Mamu should be allowed to have access to his personal physician for medical treatment subject to the supervision of the DSS medical personnel.
Justice Ekwo held that what the court does is to compel compliance, adding that the complainant/respondent cannot be allowed to disobey Court orders thus, ordered the Federal Government to grant the defendant, Tukur Mamu access to his personal physician.
The Court thereafter adjourned the case to June 3, June 4, June 5, and June 6, 2024 for continuation of trial.
Mamu was first arraigned on March 21, 2023 on 10 count charge of terrorism financing and was denied bail by the court on April 27, 2023 after pleading not guilty to the charges.
But, Justice Ekwo, on December 19, 2023, granted Mamu’s plea to have access to his personal physician due to his alleged deteriorating health condition by ordering that his personal physician should be allowed to treat him subject to the supervision of the DSS’ team of physicians.