Court Makes crucial decision in Tukur Mamu, Bandits Negotiator’s case

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Peter Obi petition against Tinubu, at Presidential Election Petition Court

: Court Denies Bail

Justice Inyang Ekwo of the Federal High Court in Abuja denied the bail request of the incarcerated accused terrorist negotiator Tukur Mamu.
He stated that this application is therefore denied and is hereby dismissed.

The Federal Government arraigned Tukur Mamu on March 21 on a 10-count indictment bordering on terrorism financing, among others.

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Egyptian security officials arrested him at Cairo International Airport on September 7, 2022, on reasonable suspicion that he was financing Boko Haram terrorist activities.

On Thursday during court proceedings, Justice Ekwo ruled that the application lacked merit and that the applicant had not provided sufficient evidence to convince the court to rule in his favour.

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According to Justice Ekwo, the prosecution’s claim that the defendant was likely to commit additional crimes was not refuted.

Even though the defendant claimed that the State Security Service (SSS), where he was being detained, was incapable of treating his health issues, the judge stated that the court would have to consider other factors before rendering a verdict.

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The judge continued by stating that the court would not grant bail if the custodian lacked the medical facility to treat the defendant’s medical condition but was able to ensure that the defendant had access to an appropriate facility.

The court determined that the defendant lacks sufficient medical justification for his release application if he willfully rejects the medical facility provided by his caretaker solely because it falls short of his expectations.

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In addition, the judge ruled that the defendant must understand that the state is paying for his medical care and that his requests must be reasonable.

The judge noted that evidence presented to the court revealed that the defendant was taken to Arewa Specialist Hospital and Diagnostic Centre, Jabi by the security outfit only after refusing DSS medical services.

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The DSS, he said, asserted that the hospital was able and willing to assume responsibility for Mamu’s treatment and was adequately equipped to handle the defendant’s medical condition.

During the trial, he said, the agency would also ensure that Mamu had access to his daily medication for the management of his pre-existing health condition, as well as to the necessary tests and treatments.

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The judge ruled that “the discretion of the court to grant bail will not be exercised in favour of the defendant if any of the conditions in Section 162 of the ACJA 2015 are met” when exercising his discretion on an application for bail based on allegations in an indictment punishable by imprisonment for a term exceeding three years.

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In light of the nature of the offence listed on the charge sheet and the fact that Mamu did not refute an allegation of breach of bail conditions, the judge was persuaded by the DSS’s arguments that the court should not grant bail as requested by Mamu.

 

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