A Federal High Court in Abuja has scheduled judgment for January 27 next year in the terrorism trial of alleged terrorists’ negotiator Tukur Mohammed Mamu.
Justice Mohammed Umar chose the date on Monday after lawyers to the prosecution and defence made their final submissions.
Prosecuting lawyer David Kaswe while adopting the prosecution’s final address said: ‘We respectfully adopt our written address as our oral submission and argument in proof of the case against the defendant.
‘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.’
Defence lawyer Johnson Usman (SAN) equally adopted the defendant’s final and reply addresses and urged the court to acquit his client.
He said: ‘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 proved in any manner.’
Usman told the court that the prosecution has failed to produce the licence of the rifle allegedly recovered from Mamu’s residence by security operatives despite the defence’s repeated demands.
When the judge asked by the judge if he was talking about the licence that had since expired Usman said the defence’s contention was that the licence had not expired as at the time Mamu was arrested.
He said even though the prosecution took custody of the rifle and the licence its failure to produce the licence in court has raised serious issues of doubt.
Usman urged the court to resolve the issue in favour of his client adding:’My lord if my vehicle licence expires and my car is parked at home the Vehicle Inspection Officer (VIO) cannot come and arrest me that my licence has expired.’
Responding Kaswe faulted Usman’s position recalling that the licence and the rifle had already been tendered before the court.
Kaswe said: ‘My Lord the record of this court shows that we have tendered the licence together with the arms on the day the PW-5 (fifth prosecution witness) an exhibit keeper was led on evidence.’
He added that the court grant the request when.the prosecution applied for a safe keep of the rifle and other exhibits.
Usman however thanked the Department of State Services (DSS) in whose custody the defendant was being kept for granting his family access to him as ordered by the court.
‘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’ he said.
Mamu was arrested on September 7 2022 by Egyptian security officials at the Cairo International Airport on reasonable suspicion of financing Boko Haram terrorism activities.
He was alleged to have convinced the terrorists to discuss ransom payments with individual families of the hostages of the train attack instead of the Chief of Defense Staff Committee set up by the Federal Government for his personal financial gain.
The defendant was said to have been nominated by the terrorists that attacked the Abuja-Kaduna bound train sometime in March 2022 which took scores of persons hostage.
Mamu was alleged to have collected ransoms on behalf of the Boko Haram terrorists from families of hostages confirmed the amount and facilitated the delivery of same to the terrorists.
He was initially arraigned on a 10-count charge bordering on terrorism financing. The prosecution later amended the charge by including seven more counts relating unlawful possession of firearms without valid licence and money laundering.
Mamu was re-arraigned on June 1 on a 17-count amended charge to which he pleaded not guilty.
In the count one of the charge marked; FHC/ABJ/CR/96/2023 the defendant was alleged to have sometime about March 28 2022 in Kaduna gave 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 act as the negotiator for the payment receipt and delivery of ransom payment 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 $120000.00 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.
Mamu was accused of dealing in terrorist funds in the sum of $269200.00 and N25690500 in counts six and seven which were allegedly found in his possession.
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 1840 Indian Rupees 1700 Egyptian Pounds and 115 UAE Dirham in counts 11 12 and 13 which were found in his possession.
Counts 14 and 15 accused Mamu of money laundering offences in the sum of N25690500 and $269200.00 allegedly found in his possession.
In count 16 the Federal Government accused him of unlawful possession of firearms when he allegedly had in his possession a Delta Magnum pump action firearm without a valid licence.
Mamu was also accused of unlawful possession of firearms when he had in his possession about 47 cartridges (ammunitions) without a valid licence sometime about March 28 2022.
The alleged offences according to the prosecution are contrary to Section 3 of the Fire Arms Act CAP F.28 LFN 2004 and punishable under Section 28 of the Fire Arms Act CAP F.28 LFN 2004.