Tukur Mamu
A Federal High Court sitting in Abuja has thrown out the bail application filed by the alleged terrorists' negotiator, Tukur Mamu.
Justice Inyang Ekwo held that the counter-affidavit of the Department of State Services (DSS) as contained in paragraphs 3 (i), (j), (k), (1) and (m) were not resisted by Mamu on the implication of granting him bail.
News Rider reports that the DSS had in March 21, 2023, arraigned Mamu on 10-count bordering on terrorism financing.
Mamu, who pleaded not guilty to the counts, prayed the court for a bail on the grounds of ill-health.
Ekwo hinted that Mamu said that the DSS cannot take care of his health challenge and that he was suffering from cardiac decomposition and thyro-cardiac disease.
He insisted that the court would have to weigh some conditions in exercising its discretion such as the availability of appropriate or adequate or peculiar medical care where the defendant/applicant is in custody.
Ekwo noted that the court deliberated on the evidence to determine whether the custodians would allow the applicant requisite access to medical treatment peculiar to his medical condition.
“The court will also take into account the attitude of the defendant/applicant to the medical facility provided to him by his custodian.
“Where there is a medical facility by the custodian of the defendant which can adequately take care of the medical condition of the defendant, then the application for bail on medical ground will not be countenanced by the court,” he added.
Ekwo informed that where the custodian lacked the medical facility to take care of the medical condition of the defendant but is capable of ensuring that the defendant has access to medical facility suitable for his medical condition, that the court would not grant the bail.
The judge said that a situation where the defendant willfully rejected the medical facility provided by his custodian merely because such facility was not up to the standard that he expected, he has no good medical grounds for bail application.
He stated that a defendant who is in the custody of the state or agency of the state like the complainant/respondent must understand that his medical care is at the expense of the state and must be reasonable in his demands.
Ekwo hinted that after Mamu declined the DSS medical services, that he was taken to Arewa Specialist Hospital and Diagnostic Center, Jabi in Abuja.
He said that the hospital conducted adequate tests and treatments at the expense of the complainant/applicant (DSS) and Mamu was diagnosed with (Moderate Obstructive Sleep Apnea), while the hospital recommended the use of Continuous Positive Airway Pressure (CPAP).
The judge noted that the hospital is capable of handling the medical condition of the defendant and that the DSS is able and willing to take responsibility for the treatment of Mamu.
He said that the DSS ensured that Mamu had access to his daily medication for the management of his pre-existing health condition, as well as facilitating access to adequate tests and treatments during the trial.
“With this undertaking, this application for bail on medical grounds does not hold water.
“In such situation where the custodian has demonstrated that it is capable of giving the defendant in its custody access to appropriate and adequate medical facility, it is for the court to exercise its supervisory power over the medical treatment of the defendant while in custody and in the course of trial,” he said.
The judge held that in exercising his discretion on application for bail on allegations contained in a charge sheet that is punishable with imprisonment for a term exceeding three years, that the decision of the court to grant bail would not be exercised in favour of the defendant where any of the conditions in Section 162 of the ACJA 2015 Is established.
He noted that the fact that Mamu did not rebut the allegation of breach of terms of bail, that he was persuaded by the grounds given by the DSS for the court not to exercise discretion to grant bail as prayed by Mamu.
“This application is consequently refused and is hereby struck out. This is the order of this court,” Justice Ekwo declared.
Mamu had through his counsel, Sani Katu, SAN, told the court that a bail application dated March 8, 2023, and supported by 21-paragraph affidavit, an exhibit with a written address, had been filed, where the issue of bail was captured.
But counsel to the Federal Government, Aderonke Imana, an Assistant Chief State Counsel, urged the court to dismiss the bail application.
The judge, who adjourned the matter for ruling, ordered Mamu to remain in the DSS custody pending the hearing and determination of the bail plea.
Briefly
Mamu, who is the Publisher of Desert Herald Newspaper was arrested on September 7, 2022 by Egyptian security officials at the Cairo International Airport for allegedly financing boko haram activities.
He was alleged to have received ransoms on behalf of the boko haram terrorists from families of hostages, confirming and facilitating the delivery of the cash to terrorists.
Terrorists had in March 28, 2022, attacked the Abuja-Kaduna bound train, leading to the death of nine persons and abduction of about 70 passengers.
Other charges include managing terrorists funds, obstructing the Chief of Defence Staff (CDS) committee from negotiating with terrorists that kidnapped victims of the train attack and exchanging voice notes with boko haram spokesperson.
Mamu was said to be in possession of large sums of unexplained cash and property that he wanted to conceal upon arrest by directing his proxies to change their locations.
Though Mamu denied the allegations, witnesses and victims statements and the investigation conducted by the DSS revealed a prima facie case against him.
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