Justice Mohammed Umar of the Federal High Court Abuja, has fixed July 22 for the hearing of the fresh bail application filed by alleged terrorist negotiator, Tukur Mamu.
Justice Umar fixed the date following an adjournment sought by Mamu’s counsel, Johnson Usman, SAN, to enable him to study and respond appropriately to the counter-affidavit that was served on him by the Federal Government’s lawyer, David Kaswe.
Mamu, in the motion on notice, sought two orders, including an order admitting him to bail pending trial on the grounds of ill health.
Alternatively, he sought an order directing the Federal Government to take him to a “hospital to perform a surgical procedure as recommended by both Egyptian and Nigerian doctors”.
Providing four grounds why his application should be considered, the applicant stated that he was facing a criminal charge, as per the court records, and that he was seeking the court’s discretion in granting him bail pending the hearing and final determination of the case on the grounds of ill health.
He said his health had deteriorated, and he needed immediate surgical operation, which a doctor had earlier recommended.
According to him, it was only the court that could exercise its discretion at this stage in admitting the defendant/applicant to bail pending the hearing and determination of the case against him.
However, in the counter-affidavit deposed to by Michael Akawo, a Litigation Clerk at the Department of Public Prosecutions, Federal Ministry of Justice, he averred that Mamu had previously applied for bail, and the application was duly considered and denied by the court.
Akawo, in the counter-affidavit, stated that the defendant had not provided any new exceptional circumstances to warrant reconsideration of the bail application.
He argued that the terrorism offences for which Mamu was standing trial were not ordinarily bailable.
He said 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 March 28 Abuja-Kaduna bound train attack.
He urged the court to refuse the application in the interest of justice and society.
Justice Inyang Ekwo of the Federal High Court, Abuja, 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.
He 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 terrorist sect.
He, however, denied all the allegations.
