By Jeffrey Agbo
The Federal High Court in Abuja on Monday fixed January 27, 2027, for judgment in a charge filed by the Federal Government against Tukur Mamu, who allegedly negotiated on behalf of terrorists over the Abuja-Kaduna train attack hostages in 2022.
Justice Mohammed Umar fixed the date after the Federal Government’s lawyer, David Kaswe, and Mamu’s counsel, Johnson Usman (SAN), adopted their final written addresses and presented their arguments for and against the case.
Mamu, who was arrested on September 7, 2022 by the Egyptian security officials at the Cairo International Airport, was earlier arraigned on a 10-count charge bordering on terrorism financing.
However, the prosecution amended the counts by bringing in more offences, including unlawful possession of firearms without a valid licence and money laundering charges.
When the case was called on Monday, Usman informed the court that the case was scheduled for adoption of parties’ final written addresses.
The senior lawyer said the defendant’s final written address was dated July 22 but filed July 23.
“Our reply on points of law is dated October 30 and filed same day.
“We adopt these two addresses and we humbly urge this honourable court to graciously acquit and discharge the defendant on all the counts preferred by Federal Government as same, having not been proven in any manner,” he prayed.
Usman argued that though the defence team had consistently demanded the licence of the rifle allegedly recovered from Mamu’s residence, the lawyer said the prosecution had failed to produce the licence in court.
“You mean the expired licence?” Justice Umar asked Usman.
Responding, Usman submitted that their contention was that the licence was not expired as at the time Mamu was arrested.
He said even though the prosecution took custody of the arms and the licence, their failure to produce the licence in court had raised serious issues of doubt.
He, therefore, urged the court to resolve the issue in favour of his client.
“My lord, if my vehicle licence expires and my car is parked at home, the VIO cannot arrest me.
”We have asked for this on three consecutive times but they failed to produce it in court,” he said.
But Kaswe, as assistant director, who appeared for the Attorney-General of the Federation (AGF) on behalf of the Federal Government, disagreed with Usman’s submission.
The prosecution lawyer recalled that the licence and the rifle had already been tendered before the court.
“My Lord, the record of this court will show that we have tendered the licence together with the arms on the day the PW-5, an exhibit keeper, was led on evidence,” he added.
Kaswe reminded that after the prosecution applied for a safe-keep of the rifle and other exhibits, the court granted their request.
The lawyer, who adopted his team’s final written address dated September 18, said the process was filed on September 21.
“We respectfully adopt our written address as our oral submission and argument in prove of the case against the defendant and we urge my lord to agree with us that we have discharged the burden of proof placed before us and to convict the defendant as charged,” he prayed.
Usman, however, thanked the Department of State Services (DSS) for granting access to Mamu’s family members in accordance with the court order.
“My lord, I thank the current regime of DSS for the access given to the defendant’s family.
“When they do well, we should praise them. My sincere gratitude to the DG DSS,” Usman said.
After listening to the lawyers, Justice Umar fixed January 27, 2027, for judgment.
Mamu, the sole defendant, was re-arraigned on June 1 on a 17-count charge.
He, however, pleaded not guilty after the counts were read to him and the prosecution commenced its cross-examination of the accused, who had earlier opened his defence and testified as the sole defence witness.
Mamu opened his defence on April 23 after the Federal Government closed its case by calling seven witnesses in the ongoing trial.
In count one of the charge, marked FHC/ABJ/CR/96/2023, the defendant was alleged to have, sometime about March 28, 2022 in Kaduna, given support to the Boko Haram terrorist group.
He was alleged to have instigated the terrorist group to boycott the Chief of Defence Staff (CDS) Committee set up by the Federal Government to negotiate the release of the hostages (victims) of the Abuja-Kaduna train attack, to enhance his role as the negotiator for the payment, receipt and delivery of ransom payments from the families of the hostages.
In count two, he was alleged to have undermined and obstructed the CDS Committee set up to negotiate the release of the hostages of the attack.
Count three accused him of receiving ransom payments in the sum of 120 million dollars on behalf of the terrorist group from families of victims of the attack contrary to Section 21(3)(a) of the Terrorism (Prevention and Prohibition) Act, 2022.
He was also alleged to have committed an offence preparatory to or in furtherance of act of terrorism when he exchanged voice note communications in relation to acts of terrorism with Baba Adamu, the Boko Haram spokesperson.
He was said to have committed an offence of dealing in terrorist property contrary to Section 23 (1) (a) of the Terrorism (Prevention and Prohibition).
The defendant was equally alleged to be dealing in terrorist funds in the sum of 1,840 Indian Rupees, 1,700 Egyptian Pounds and 115 UAE Dirham in counts 11, 12 and 13, which were found in his possession.
Mamu was also accused of unlawful possession of firearms when he had in his possession about 47 cartridges (ammunition) without a valid licence sometime about March 28, 2022.
The alleged offence, the prosecution said, contravened the provisions of Section 3 of the Firearms Act CAP F.28 LFN, 2004 and is punishable under Section 28 of the Firearms Act, CAP F.28 LFN, 2004.
