Charge Mamu to court if you have evidence, judge orders DSS

A high court in Kaduna state has ordered the Department of State Services (DSS), to “immediately” charge Tukur Mamu, publisher of Desert Herald newspaper, to court rather than keep him in detention.

Mamu, an aide to Ahmad Gumi, a popular Islamic cleric, has been involved in negotiations for the release of persons abducted during an attack on a train in Kaduna, in March 2022.

TheCable had reported how Mamu was arrested at the Kano International Airport after he returned from Egypt where he had been detained on his way to Saudi Arabia for lesser hajj.

The security agency said the publisher of Desert Herald was involved in the funding of international and local terrorism.

The DSS alleged that Tukur shared information with terrorist groups, resulting in the escalation of bandit attacks in the country.

On September 13, a federal high court in Abuja granted the DSS permission to detain Mamu for 60 more days.

Mamu had through a motion of notice dated November 22 filed through his team of lawyers led by Mohammed Katu, sought his release.

He stated that 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”.

The application prayed for “an order of this honourable court directing the respondents (DSS) to immediately arraign and charge the applicants before a court of competent jurisdiction for any offence(s) as disclosed from their Investigation (if any)”.

“Alternatively an order directing the respondents to admit the applicants on bail pending the conclusion of their investigation.”

Ruling on the application on Monday, Edward Andow, the presiding judge ordered the DSS to charge the applicant to court if they have evidence against him.

Speaking shortly after the proceedings, Katu said: “The matter came up today (Monday), we served the DSS and the attorney-general, and we started the processes.” 

“And the judge gave the order, directing them to charge him to court immediately for any offence, if any, they may have discovered. That is our target. 

“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.

“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.

“The law is very clear, the essence of his arrest is the belief that he had committed an offence, and how do you 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.”