*Court Threatens To Dismiss Case Over Prosecutor’s ‘Disappearance’

A FEDERAL High Court in Abuja has threatened to dismiss the Federal Government case against former terrorist negotiator, Tukur Mamu, if it fails to take concrete actions in the charge.

Presiding Judge, Justice Inyang Ekwo, who gave the warning on Monday, April 29, following the non-appearance of the government’s Counsel, David Kaswe, in court for the resumed hearing of the case, despite being sited earlier.

Mamu was arraigned on March 21, last year, on 10 counts of terrorism financing, among others, to which he pleaded not guilty.

Justice Ekwo, on April 27, last year, declined to admit him to bail on the grounds of ill-health after the Department of State Service (DSS) opposed the bail application.

However, the Judge, on December 19, last year, granted Mamu’s plea to have access to his physician due to his alleged deteriorating health condition, ruling that his medical doctor should be allowed to treat him, subject to the supervision of the DSS’ team of physicians.

    When the matter came up on Monday, Kaswe was not in court; hence Mamu’s Counsel, Abdul Mohammed (SAN), urged the court to stand down the matter to await Kaswe’s return.

When the case was called again after the Judge had delivered a judgment, the prosecution lawyer was still not in court, prompting Mohammed to remind the court that since Mamu’s arraignment, he had not been admitted to bail, despite the court’s directive for an accelerated trial.

He lamented that despite being in court on Monday morning, Kaswe was not in court as of 10 am, notifying the court of their motion on notice that the prosecution had responded to.

Justice Ekwo granted his prayer to move the application and Mohammed said the motion, dated and filed on February 23, sought an order transferring Mamu to Kuje Correction Centre for proper medical attention.

He said the motion had a 24-paragraph affidavit and Exhibits A to G and the court, recognising the fact that the defendant must be alive to face trial, ordered that he should be granted access to medical officers of his.

Mohammed alleged that the order had not been complied with, adding: “This application is brought so that we will take the defendant to the prisons, because they always obey court order there, so that if we go there, he will have access to his medical officer.

“It is completely within the discretion of the court and we do not want to bring application for contempt, as that will take time.

“Therefore, we want the court to vary the order and the defendant will stay in the Kuja Correctional Facility. That is what we are asking for.”

The Judge, taking the prosecution’s counter-affidavit filed on February 27 as being adopted, in compliance with the rules of the court, said he was aware that the prosecution was informed of the hearing date by the court Registrar.

He said he was also aware that Kaswe, who was to appear for the prosecution, was in court in the morning and expressed surprise at his “miraculous disappearance” in court, noting: “I am also aware that the prosecution was in court this morning, but as to the miracle of the disappearance of the prosecution as at the time this matter comes up for hearing is beyond my understanding.”

According to Judge: “The prosecution understands that this is a court that stands on the side of justice and if you bring a person to stand trial, you should be bold enough to face the person during trial.

“This antic of the prosecution is only being tolerated in today’s proceeding. If the prosecution demonstrates that they are not ready to prosecute this matter, either diligently or expeditiously, the court will make the right decision at that point.”

Justice Ekwo, thereafter, adjourned the matter until May 20 for ruling on Mamu’s application to be transferred to Kuje Correctional Centre.

Recall that Mamu was arrested on September 6, 2022, in Cairo, Egypt and is standing trial over his alleged links to terrorists involved in a deadly attack on an Abuja-Kaduna train on March 28, 2022.