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 March 28, 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 March 21, arraigned him on 10 counts of terrorism financing, among others, but pleaded not guilty to the counts.
On April 27, 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 October 31.
Mr Kaswe acknowledged the receipt of the application and said he filed a counter affidavit on November 14 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.
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. NAN
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