A Federal High Court, Abuja, on Monday dismissed the application filed by ex-terrorist negotiator, Tukur Mamu, seeking a transfer from the Department of the State Service (DSS) custody to Kuje Correctional Centre.
Justice Inyang Ekwo, in a ruling, dismissed the application on the ground of insecurity of the custodial facility.
Justice Ekwo held that Mamu did not deny the issue of incessant jailbreak in prisons which was raised by the Federal Government.
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.
He said in arriving at the decision, “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.”
“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,” he declared.
The judge, subsequently, ordered Mamu to remain in DSS custody throughout his trial in the alleged terrorism financing charges against him.
Justice Ekwo, however, affirmed his earlier order that 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 for continuation of trial.
Justice Ekwo, on April 27, 2023, declined to admit him to bail on the grounds of ill-health, after the DSS opposed the bail application.
However, the judge, on Dec. 19, 2023, granted Mamu’s plea to have access to his own personal physician due to his alleged deteriorating health condition.
Justice Ekwo, in the ruling, ordered that Mamu’s medical doctor should be allowed to treat him subject to the supervision of the DSS’ team of physicians.
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 Sept. 6, 2022, by Interpol in Cairo, Egypt, on behalf of the Nigerian government.
NAN
