The Federal High Court in Abuja has adjourned the fundamental rights suit filed by alleged terrorist negotiator, Tukur Mamu, against the Attorney-General of the Federation (AGF) to April 23 for the adoption of written addresses.
Mamu, who is facing terrorism charges, is contesting his designation as a “terrorist” by the AGF while his trial is ongoing.
His counsel, Johnson Usman, SAN, argued that the designation violates Section 36(5) of the 1999 Constitution, which presumes an accused person innocent until proven guilty.
He maintained that only a court can designate a person a terrorist after conviction and described the AGF’s action as unlawful.
“It is the court that has the power to designate him as a terrorist after he must have been convicted and sentenced,” Usman told Justice Mohammed Umar.
However, AGF’s counsel, David Kaswe, urged the court to dismiss the suit, arguing that Sections 49 and 50 of the Terrorism (Prevention and Prohibition) Act, 2022, empower the AGF, upon recommendation of a Sanction Committee, to designate any person reasonably suspected of involvement in terrorism.
Justice Umar queried what would happen to the designation if Mamu is eventually discharged. Kaswe responded that the Sanction Committee has the power to review such decisions.
The court adjourned the matter for the adoption of final written addresses.
Eze Chidiebere Paul
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