The Federal High Court sitting in Abuja, on Thursday, dismissed a bail application that was filed by the Abuja-Kaduna train kidnap negotiator, Tukur Mamu, who is facing a 10-count terrorism charge.
The court, in a ruling that was delivered by trial Justice Inyang Ekwo, said it was persuaded by a counter-affidavit the Department of State Services, DSS, filed to oppose Mamu’s request for bail.
It noted that the defendant failed to controvert averments by the security agency that he not only posed a flight risk, but equally commit a further crime if released on bail.
“Generally, the law is that where averments in a counter affidavit are not countered, they are accepted to be true and correct and they require no further elaboration.
“This is because facts admitted need no further proof,” Justice Ekwo held.
While dismissing Mamu’s claim that the DSS could not take care of his health challenge, the court, noted that there was no concrete evidence to establish that the defendant was suffering from Cardiac Decomposition and Thyro-cardiac disease, which affects his ability to breathe well.
It held that there was however, evidence to prove that the defendant refused medical services that was provided for him Arewa Specialist Hospital and Diagnostic Center, Jabi, where he was taken to by the security agency.
“There, adequate tests and treatments were administered at the expense of the complainant/applicant (DSS) and he was diagnosed with (Moderate Obstructive Sleep Apnea) and use of Continuous Positive Airway Pressure (CPAP) was recommended among other options at the hospital,” the court further noted.
It held that whereas the DSS was willing to carter for the health needs of the defendant, he, however, insisted on going to his choice hospital for treatment.
More so, Justice Ekwo held that the agency had also undertook before the court to ensure that the defendant had access to his daily medication for the management of his pre-existing health condition, as well as ensuring access to adequate tests and treatments when necessary, during the course of 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.
“Now, where the defendant willfully rejects the medical facility given to him by his custodian merely for the fact that such facility is not up to the standard that he expects, then, he has no good medical grounds for application for bail.
“A defendant who is in the custody of the state or agency of the state like the complainant/respondent (DSS) must understand that his medical care is at the expense of the state and must be reasonable in his demands,” Justice Ekwo added.
He held that the court, in exercising its discretionary powers to grant bail, must consider the nature of the charge against the defendant.
The trial judge further held that Mamu did not rebut the allegation that he earlier breached the terms of an administrative bail that was earlier given to him by the DSS.
Consequently, he refused and struck out the bail application.
It will be recalled that the Federal Government had on March 21 arraigned Mamu for allegedly aiding terrorist operations in the country.
The Kaduna-based Islamic scholar was further 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.
FG 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 organization, in his residence in Kaduna State.
It told the court that the defendant had some time 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, 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.
It will be recalled that Mamu was on September 6, 2022, arrested at Cairo, Egypt, while he was on his way to Saudi Arabia for lesser Hajj with his family members.
He was subsequently brought back to the country and immediately taken into custody by the DSS which subsequently obtained a detention order against him.
DSS had in an affidavit that was deposed to by one of its operatives, Hamza Pandogari, told the court that Mamu, who is the publisher of Dessert Herald, used the cover of journalism to perpetrate his deeds.
It told the court that the detained publisher was on his way to attend a clandestine meeting with top terrorist commanders, when he was intercepted in Egypt through the help of the International Police, Interpol.
It alleged that preliminary investigations revealed that Mamu may be involved in terrorism financing.
“The self acclaimed Kaduna train negotiator exploit the opportunity to perpetrate, aid and abets as well as render support to both local and international terrorist organisations.
“That the respondent was intercepted by the Nigerian foreign partners at Cairo, Egypt, on 6th September, 2022, while on his way to Saudi Arabia for a clandestine meeting with commanders and top leaders of terrorists organisations across the globe.
“That upon his interception, and subsequent repatriation back to Nigeria, a duly signed search warrant was executed in his residence and office at No. 4, Ali Ladan Street, Sabon Kawo GRA and No. 14, Mamona Road, Anguwan Sarki, Kaduna State and various exhibits and items to establish his complicity with terrorists were recovered”, the affidavit read.
The security agency told the court that following the execution of the search warrant, various incriminating items were recovered from Mamu’s residence and office.
It listed some of the 34 recovered items to include; 151 dollars, 20 pounds sterling; 1, 530 Indian Rupees; one Saudi Riyald; 70 Dirham; one million, five hundred and six thousand naira; and 16 assorted foreign coins.
The DSS further alleged that two packs of pump action cartridges; 16 ATM (auto-mated machine) cards from both local and foreign banks; seven cheque books of different banks; six laptops; four tablets; 24 handsets and three international passports belonging to Mamu; one firearm license; eight pieces of Nigerian Army uniforms; 16 pieces of Nigerian Naval uniforms, were also recovered.
