ENUGU, Nigeria (VOICE OF NAIJA)- The Abuja Division of the Federal High Court on Tuesday granted former terrorist negotiator Tukur Mamu’s plea to have access to his physician over his alleged deteriorating health condition.
Justice Inyang Ekwo, in a ruling, ordered that Mr Mamu’s personal doctor be allowed to treat him subject to the supervision of the State Security Service’s team of physicians.
Mr. Ekwo, who agreed with the argument of Mr Mamu’s counsel, Johnson Usman, asked the federal government’s lawyer, David Kaswe, if the defendant was entitled to his own physician, and he responded in the affirmative.
“Yes, my lord, he is as long as it is within the supervision of our team (of physicians),” said Mr. Kaswe, the chief state counsel from the attorney general of the federation’s office.
Mr. Mamu, standing trial over his alleged relationship with terrorists that were involved in the 28 March, 2022 attack on a Kaduna-bound train, was arrested on September 6, 2022, by Interpol in Cairo, Egypt, on behalf of the Nigerian government.
The SSS, on 21 March, arraigned him on 10 counts of terrorism financing, among others, but pleaded not guilty to the counts.
On 27 April, the judge declined to admit him to bail on the grounds of ill health after the SSS opposed the bail application.
But in a motion on notice marked FHC/ABJ/CR/96/2023, Mr Mamu, through his lawyer, Usman, sought an order of the court to have access to his personal doctor.
When the matter was called, Usman informed the court of the motion dated and filed on 31 October.
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Mr. Kaswe acknowledged the receipt of the application and said he filed a counter affidavit on 14 November to oppose it. He said the simple ground of their opposition was that the SSS had a functional medical facility and a team of medical doctors that could handle his case.
He said the treatment administered to Mr Mamu was still in progress “and that the procedure suffices for a particular period.”
Besides, he urged the court not to grant the application, looking at the circumstances of the charge against him.
“Have you read prayer two of the motion?” the judge asked Mr Kaswe, and he said, “Yes.”
Mr Mamu’s second prayer in the motion sought an order directing the SSS to take him to “the hospital to perform the surgical procedure as recommended by both Egyptian and Nigerian doctors.”
The judge then asked the lawyer if the defendant was entitled to his own personal physician, and he responded in the affirmative.
“I am going to allow the defendant to have access to his own physicians, and whatever they do will be under the supervision of the prosecution,” he said.
“We thank your Lordship for this wisdom of this court,” Mr Usman said.
Consequently, Mr Ekwo granted Mr Mamu’s request.
“Therefore, I made an order that the medical physician shall be allowed to give him medical treatment subject to the supervision of the physician of the prosecution. This is the order of this court,” he said.
He adjourned the matter until 26, 27, and 28 February, 2024 for continuation of trial.
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Shortly after the court sitting, Mr Usman said, “We sought two reliefs: either to grant him bail on health condition or direct the SSS to take him to a hospital to be treated by his own medical personnel. The court granted the second prayer, directed the SSS to allow him to be treated by his own medical doctors.”
On how he felt about the outcome of the proceedings, he said, “It is a success by step in the sense that before now, there was no order directing the SSS to take him to the hospital to be attended by his own personal doctors.
“But today, the court has directed that he should be allowed to be treated by medical doctors of his choice. That is a step forward.”
Mr Kaswe said, “You are aware that the defendant is standing trial for terrorism-related charges, especially because of the role he played in the negotiation of the Kaduna train attack that took place sometime last year.
“So today, he came with another application for his bail, and we have filed a counter, and the court has heard us and considered and gave a bench ruling on the application allowing his medical doctor to have access to the defendant under the supervision of the security agency’s medical team,”
On why the SSS opposed Mr Mamu’s application, he said his ailment was not life-threatening.
“We opposed the application because the detention facility where the defendant is has all the cutting-edge medical services that are being rendered to the defendant.
“And the particular ailment of the defendant is not life-threatening, and there is a medical team that has consistently, continuously examined the defendant and formed the opinion that the procedure that is being administered to him now is okay to take care of his ailment,” he said.
NAN.