The Abuja Division of the Federal High Court on Monday fixed January 27, 2027, for judgment in a charge filed by the federal government against alleged terrorists’ negotiator Tukur Mamu during the Abuja-Kaduna train attack hostages in 2022.
Justice Mohammed Umar fixed the date after the federal government’s lawyer, David Kaswe, and Mr Mamu’s counsel, Johnson Usman (SAN), adopted their final written addresses and presented their arguments for and against the case.
Mr 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 charges by adding more offences, including unlawful possession of firearms without a valid licence and money laundering.
When the case was called on Monday, Mr Usman told the court it was scheduled for the adoption of the 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 the 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 the federal government as same, having not been proven in any manner,” he prayed.
Mr Usman argued that although the defence team had consistently demanded the licence for the rifle allegedly recovered from Mr Mamu’s residence, the prosecution had failed to produce it in court.
“You mean the expired licence?” Justice Umar asked Mr Usman.
Responding, Mr Usman submitted that they contended the licence was not expired when Mr Mamu was arrested.
He said that although the prosecution took custody of the arms and the licence, its failure to produce the licence in court raised serious doubts.
He, therefore, urged the court to resolve the issue in favour of his client.
But Mr Kaswe, as assistant director, who appeared for the Attorney-General of the Federation (AGF) on behalf of the federal government, disagreed with Mr 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.
Mr Kaswe reminded the court that after the prosecution applied for safe-keeping of the rifle and other exhibits, the court granted their request.
The lawyer, who adopted their final written address dated September 18, said the process was filed on September 21.
Mr Usman, however, thanked the State Security Service (SSS) for granting access to Mr Mamu’s family members in accordance with court order.
After listening to the lawyers, Justice Umar fixed January 27, 2027, for judgment.
Mr 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.
Mr 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 $120 million ransom payments 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 an act of terrorism when he exchanged voice note communications in relation to acts of terrorism with Baba Adamu, the Boko Haram spokesperson.
Mr Mamu was said to have committed an offence of dealing in terrorist property contrary to Section 23 (1) (a) of the Terrorism (Prevention and Prohibition) Act.
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 dirhams in counts 11, 12 and 13, which were found in his possession.
Mr 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 offence, the prosecution said, contravened 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.
(NAN)
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