Federal High Court in Abuja, on Thursday, dismissed an application for bail filed by detained alleged terrorists negotiator, Tukur Mohammed Mamu.
Justice Inyang Ekwo, in a ruling on Thursday, held among others that the application was without merit and that the applicant failed to provide sufficient materials to move the court to exercise its description in his favour.
Justice Ekwo noted that the defendant failed to rebut the prosecution’s claim that there was a likelihood of him committing more offences.
The judge added, “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.”
He held that although the defendant claimed the State Security Service, where he was being kept, could not address his health challenges, the court would have to consider other issues before taking a decision.
Justice Ekwo said, “Again, the court will weigh the evidence to see whether the custodians 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.”
Justice Ekwo added 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, the court would not grant the bail.
“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,” he said.
The judge noted that evidence before the court revealed that it was after the defendant declined the DSS medical services that he was taken to Arewa Specialist Hospital and Diagnostic Center, Jabi by the security outfit.
“There (Arewa Hospital), adequate tests and treatments were administered at the expense of the complainant/applicant (DSS) and he was diagnosed with (Moderate Obstructive Sleep Apnea) and the use of Continuous Positive Airway Pressure (CPAP) was recommended, among other options, at the hospital, the judge said.
He said the DSS, however, averred that the hospital was sufficiently capable of handling the medical condition of the defendant and that it was able and willing to take responsibility for the treatment of Mamu.
He said the agency also undertook to ensure that Mamu 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 trial.
“With this undertaking, this application for bail on medical grounds does not hold water.
“In such a situation where the custodian has demonstrated that it is capable of giving the Defendant in its custody access to an 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 the trial,” he said.
The judge held that in exercising his discretion on the application for bail on allegations contained in a charge sheet punishable with imprisonment for a term exceeding three years, “the discretion of the court to grant bail will not be exercised in favour of the defendant where any of the conditions in Section 162 of the ACJA 2015 Is established.”
The judge noted that considering the nature of the offence on the charge sheet and the fact that Mamu did not rebut an allegation of breach of terms of bail, he was persuaded by the grounds given by the DSS for the court not to exercise discretion to grant bail as prayed by Mamu.
He said: “This application is consequently refused and Is hereby struck out. This is the order of this court.”
Mamu was arraigned on March 21 by the Federal Government on a 10-count charge bordering on terrorism financing, among others.
Mamu was arrested on Sept. 7, 2022 by Egyptian security officials at the Cairo International Airport, on reasonable suspicion of financing Boko Haram terrorism activities.
He was alleged to have convinced the terrorists to discuss ransom payments with individual families of the hostages of the train attack instead of the Chief of Defense Staff Committee set up by the Federal Government for his personal financial gain.
He was said to have been nominated by the terrorists that attacked the Abuja-Kaduna bound train sometime in March 2022 which took scores of persons hostage.
Mamu was alleged to have collected ransoms on behalf of the Boko Haram terrorists from families of hostages, confirmed the amount and facilitated the delivery of same to the terrorists.
