A Kaduna High Court sitting in Kaduna yesterday directed the State Security Service (SSS) and the Attorney General of the Federation (AGF) to immediately arraign and charge the publisher of Desert Heart Newspaper, Tukur Mamu and five others before a court of competent jurisdiction for any offences as disclosed from their investigation.
The ruling, which came four months after his arrest was contained in a certified true copy with suit number KMD/KAD/1442/20222 made available to journalists in Kaduna.
The applicants were Tukur Mamu, Faizal Tukur Mamu, Ibrahim Hussain Tinja, Abdullahi Mashi, Mubarak Hussain Tinja and Yahaya Bello, while the respondents included the State Security Service (SSS) and Attorney General of the Federation respectively.
In his ruling, Justice E. Andow said, “This is a motion on notice dated 15/12/2022 wherein the applicants prayed this court as follows: An order enforcing the applicants fundamental human rights as guaranteed, enshrined and protected by section 34, 35, 36 & 41 of the constitution of the Federal Republic 1999, order 2 of fundamental human rights (enforcement procedure) rules 2009 and Articles 3, 5 & 6 of African charter on Human and people’s right for same being breached or likely to the breached by the Respondent, their agents privies and assigns.
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“An order of this honourable court directing the respondents to immediately arraign and change 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 and for such further or other orders as this honourable court may deem fit to make in the circumference of this case.”
Learned counsel of the applicant, Barrister M. S. Katu (SAN) said section 34 of the 1999 constitution stipulated that any person arrested on reasonable suspicion of the commission of a criminal offence should be charged before a court of competent jurisdiction within a reasonable time, “I therefore hold the view that the applicant deserved to be charged to court with immediate effect, if the respondents have anything against him.”
Mamu was arrested by security operatives in Cairo, Egypt sometime in September, 2022 for his alleged involvement in collecting ransom and taking the same to terrorists in exchange for kidnapped victims.