John Shiklam in Kaduna
A Kaduna State High Court has ordered the Department of State Services (DSS) to “immediately” charge Tukur Mamu to Court for offences he was alleged to have committed.
Mamu, publisher of Kaduna based Desert Herald and media consultant to a controversial Islamic cleric, Sheikh Ahmed Gumi, was arrested by the DSS in Cairo, Egyptian, on September 6,2022, while traveling with his family to Saudi Arabia for lesser hajj.
Mamu was involved in negotiations for the release of abducted victims of the Kaduna train attack on March 2022.
The DSS had alleged that its preliminary investigation established the offences of, “logistics supplier, aiding and abetting acts of terrorism against Mumu.
After his arrest, an Abuja Federal High Court, on September 13, had granted the DSS permission to detain Mamu for 60 more days.
However, in a motion of notice dated November 22,2022, filed through his lawyers, led by Mohammed Katu, Mamu said
his continued detention was in violation of his, “fundamental human rights as guaranteed, enshrined and protected by sections 34, 35, 36 and 41 of the constitution of the federal republic of Nigeria.”
In the application filed at the Kaduna state High Court, the applicant prayed for “an order of the court directing DSS to immediately charge him before “a court of competent jurisdiction for any offence(s) as disclosed from their investigation (if any)”
“Alternatively an order directing the respondents (DSS) to admit the applicants on bail pending the conclusion of their investigation.”
Ruling on the application on Monday, the presiding judge, Justice Edward Andow, ordered the DSS to charge the applicant to court if they have evidence against him.
In an interview after the proceedings, Katu said, “we served the DSS and the attorney-general, and we started the processes.”
He said the judge gave the order, directing DSS to charge Mamu to court “immediately for any offence, if any, they may have discovered. That is our target.”
He added, “The word used by the judge is immediately. Immediately differs from soon. 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.”
Speaking further, Katu said, “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, not just about holding him there.”
He maintained that, “The law is very clear, the essence of his arrest is the belief that he had committed an offence, and how to know that he had committed an offence is to commence an investigation.
“And once you finished 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.”
