The Abuja Division of the Federal High Court on Monday dismissed the application filed by Tukur Mamu, an ex-terrorist negotiator, seeking a transfer from the State Security Service’s custody to Kuje Correctional Centre.
Justice Inyang Ekwo, in a ruling, dismissed the application on the ground of insecurity of the custodial facility.
The judge held that Mr Mamu did not deny the issue of incessant jailbreaks, which the government raised.
The judge further held that any averment that was not controverted was deemed to be true.
“And facts admitted need no further proof,” he added.
In arriving at the decision, he said, “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.”
The judge added, “I find that the averments of the complainant (FG) as it concerns jailbreak to be credible. I find that this application lacks merit and I make an order dismissing (it).”
The judge subsequently ordered Mamu to remain in SSS custody throughout his trial for the alleged terrorism financing charges against him. He, however, affirmed his earlier order that Mr Mamu be allowed to have access to his personal physician for medical treatment subject to the supervision of the DSS medical personnel.
“What the court does is to compel compliance. The complainant/respondent cannot be allowed to disobey court orders.
“The complainant is hereby ordered to grant the defendant access to his personal physician,” he said.
The matter was adjourned until June 3, June 4, June 5, and June 6 to continue the trial.
Mr Mamu was arraigned on March 21, 2023, on 10 counts of terrorism financing, among others, but pleaded not guilty to the counts. On April 27, 2023, the judge declined to admit him to bail on the grounds of ill health after the SSS opposed the bail application.
However, on December 19, 2023, the judge granted Mamu’s plea to access his own personal physician due to his alleged deteriorating health condition. In the ruling, the judge ordered that Mr Mamu’s medical doctor be allowed to treat him subject to the supervision of the SSS’ team of physicians.
Mr Mamu, who is standing trial over his alleged relationship with terrorists that were involved in the March 28, 2022 attack on an Abuja-Kaduna-bound train, was arrested on September 6, 2022, by Interpol in Cairo, Egypt, on behalf of the Nigerian government.
NAN