The Federal High Court, Abuja has struck out the bail application filed by detained alleged terrorists negotiator, Tukur Mamu.
Recall that Mamu was arrested on September 7, 2022, by Egyptian security officials at the Cairo International Airport, on reasonable suspicion of terrorism financing. He was subsequently arrested upon deportation to Nigeria by the Department of State Services (DSS)
Mamu, currently under the custody of the DSS, is facing a 10-count charge bordering on terrorism financing, among others.
While ruling on his bail application, Justice Inyang Ekwo held that Mamu failed to provide sufficient evidence to move the court to exercise its description in his favour.
Ekwo noted that Mamu failed to rebut the prosecution’s claim that there was a likelihood of him committing more offences.
While Mamu claimed the DSS custody, where he was being kept, could not address his health challenges, Justice Ekwo held that the court would have to consider other issues before taking a decision.
“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,” Justice Ekwo held.
According to Ekwo, since Mamu “willfully rejected 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.”
He further held that the defendant must understand that his medical care is at the expense of the state and must be reasonable in his demands.
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.
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.
Ekwo 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.
Justice Ekwo further 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.
“This application is consequently refused and is hereby struck out,” the court ruled.
