- To seek redress in the Court of law
Detained publisher of Kaduna-based Desert Herald Newspaper, Tukur Mamu, has written to the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, (SAN), demanding the retraction of his profiling and designation as a ‘Terrorist’ and ‘Terrorism Financier’.
This was contained in a letter dated March 25, 2024, written on Mamu’s behalf by his lawyer, J.J. Usman (SAN), and addressed to the Attorney General of the Federation.
According to the letter, a seven-day ultimatum was given for the retraction of the publication to prevent litigation against the Federal Government.
Parts of the letter, which was also copied the Chief Executive Officer of the Nigerian Financial Intelligence Unit (NFIU), read; “We are Counsel to MR. TUKUR MOHAMMED MAMU (hereinafter referred to as Our Client) on whose firm and absolute instruction we relate with you on the above subject matter.
“Recall that Our Client was arraigned by the Federal Government of Nigeria, particularly before the Federal High Court, Abuja Division in CHARGE NO:
FHC/ABJ/CR/96/2023 between THE FEDERAL REPUBLIC OF NIGERIA V, TUKUR MOHAMMED MAMU.
“In furtherance to this, it is remarkable to note that your office is currently prosecuting Our Client on allegations bothering on terrorism,
“Attached herewith is a certified true copy of the said Charge marked as ANNEXURE “A” for ease of reference.
“It is lamentable to observe that on 19/03/2024: while the case against Our Client is still pending, the social media was saturated by a publication allegedly emanating from and authorized by your good office.
“However, the said publication was specifically made by the “Nigerian Sanctions Committee” wherein Our Client was profiled and designated as a “Terrorist (TERRORIST FINANCIER)”.
“As at the time of this missive, no Court of competent jurisdiction in Nigeria have designated Our Client as such.
“Attached herewith is a copy of the publication downloaded from the online marked as ANNEXURE “B” for ease of reference.
“It is a common knowledge that the administration of criminal justice system in Nigeria, is not only antithetic to, but forbids media trial in whatever guise.
“We vehemently condemn the actions of the Nigerian Sanctions Committee same being a violation the rule of natural justice and prejudicial to Our Client who is undergoing trial, and whose trial is still pending in SUIT FHCIABJ/CR/96/2023.
“It is sardonic and very disheartening that this publication is coming from the Nigerian Sanctions Committee; which ordinarily should be fueling the front burner in championing the course for the sustenance of the Rule of Law in Nigeria. Albeit, the Nigerian Sanctions Committee lacks the statutory mandate to pronounce on, and to designate Mr. Tukur Mohammed Mamu as a Terrorist Financier; even when it is a notorious fact that Mr. Tukur Mohammed Mamu is undergoing trial. It is so, particularly that the court has not made any pronouncement detailing him to be one.
“It is our firm position that the action of the Nigerian Sanctions Committee is not just tantamount to the usurpation of the Court’s power provided under Section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); but is a mockery of the Nigerian judicial system.
“We have no doubt about the deliberate ploy to soil the name and the hard earned reputation of Our Client in whose favour the constitutional right to the presumption of innocence inures.
“By the publication above referred, it becomes crystal clear that the Federal Government of Nigeria is the Complainant against Our Client; the prosecutor of our Client and now putting itself in a head-on collision with judicial power of the court by assuming adjudicatory position thereon. Adjuging Our Client as a Terrorist has eroded all the jurisprudential tenets of rules of natural justice.
“On the basis of the aforesaid, we demand in very clear and unequivocal terms,: the immediate Retraction of the said Publication within 7 days from the receipt of this letter dated this 25th March, 2024.
“Failure to comply with Our Client’s demand, we will have no hesitation in seeking redress in the Court of law for the ventilation of Our Client’s grievances.”
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