Justice Edward Andow, sitting at Kaduna State High Court 12 has ordered the Directorate of State Services (DSS) to “immediately” charge Tukur Mamu to court for alleged offences bothering on ransom negotiation on behalf of terrorists. He gave the order during the court session on Monday in Kaduna, over his arrest and continued detention by DSS without trial.
Tukur Mamu, the Media Consultant to the popular Islamic cleric, Dr Ahmed Gumi, in Kaduna, was arrested in Cairo, Egyptian capital on September 6, 2022, regarding his alleged roles in ransom negotiation on behalf of terrorists in Nigeria.
Mamu, the alleged main negotiator of Kaduna-Abuja train abductee’s release
was arrested while on his way to Saudi Arabia for lesser hajj, and detained in Cairo Airport before he was later moved to Nigeria.
Fielding questions from newsmen shortly after court session on Monday, the lead Counsel to the plaintiff, Muhammad Sani Katu (SAN) said he was satisfied with the court order, and expressed the belief that the DSS will obey the order.
Barrister Katu explained that “When the matter came up today (Monday), we served the DSS and the Attorney General. We started the processes, and the Judge gave the order, directing them to charge him to court immediately for any offence, if any, they may have discovered.
“That is our target. The word used by the Judge is immediately, immediately differs from soon”, he said.
The counsel also said “Don’t be surprised if by tomorrow or next or within the week, he is being charged to court if there is any offence but let me come in here by telling you that one must commend the DSS for the manner that they have been handling this matter.
“We have gone to see our client severally, he has some health challenges, but they have been taking care of that.
“They have taken him to hospital. They made so much payment towards his health. But our position is not about his health, just about not holding him there.
“The law is very clear, the essence of his arrest is the belief that he had committed an offence, and how do you know that he had committed an offence is to commence an investigation.
“And once you finish the investigation and you did not find him wanting, you release him. And if you find him wanting, the law says don’t keep him in detention, charge him to court, that is just the fundamentals.
“As far as we are concerned, the order to keep him for 60 days elapsed in October last year. They have the right to renew, but as it stands now, we are not aware as to whether they have renewed or not.
“They’re seeking detention, they can go on their own, but the second time there is the need to have the permission of the Attorney General. They can do that without us on notice.
“But the fact remains that in an attempt to protect the system we are operating, once you obtain an order against somebody, you notify him. If you have contact with the persons, you notify them, or at least the general public because this is a matter that certain persons are being concerned.
He also noted that “If you recall, there was an arrest of our client, Tukur Mamu in Cairo on his way to Saudi Arabia with some members of his family. He was moved to Abuja and since then he remains under detention.
“We got to know that there is an order by the DSS to detain him for 60 days. At the expiration of the 60 days, we thought the next thing they should do is to charge him to court for any offence.
“As it stands now, he has not been charged. And the best we can do for the system is to file legal enforcement wherein our plea which is very clear; “release him on administrative bail”, if there is anything called administrative bail.
“Alternatively, if you found out that he has committed any offence, charge him to court”. Katu said.
Earlier, in the Motion of Notice dated 22nd Day of November 2022, through their Counsels M S Katu SAN, Solomon Utuagha Esq, Auwal Muktar Surajo Esq and Aisha Musa Esq, solicitors to the applicants sought for “An order enforcing the Applicants Fundamental Human Rights as guaranteed, enshrined and protected by sections 34,35,36 and 41 of the Constitution of the Federal Republic ,1999, as amended.
“Order 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and Articles 3,5 and 6 of the African Charter on human and People’s Rights, as same being breached or likely to be breached by the respondents, their agents, privies or assigns.
“An Order of this Honourable Court directing the respondents to immediately arraign and charge the Applicants before a court of competent jurisdiction for any offence(s) as disclosed from their Investigation (If any).
“Alternatively, an Order directing the Respondents to admit the Applicants on bail pending the conclusion of their investigation.
“And for such further or other Orders as this Honourable Court may seem fit to make in the circumstances of this case”, he said.
