A Federal High Court in Abuja has dismissed a bail application filed by Tukur Mamu, the alleged terrorist negotiator, who was detained and held in custody by the Department of State Services (DSS).
The court, in a ruling delivered by trial Justice Inyang Ekwo, said it was persuaded by a counter-affidavit the DSS filed to oppose Mamu’s request for bail.
Justice Ekwo held, among others, that Mamu’s application was without merit and that the applicant failed to provide sufficient materials to move the court to exercise its discretion in his favour.
He noted that the defendant failed to contradict the Federal Government averments that he posed a flight risk and that there was a likelihood of him committing more offences.
He said, “Generally, the law is that where averments in a counter affidavit are not countered, they are accepted to be true and correct and they require no further elaboration. This is because facts admitted need no further proof.”
The judge held that although the defendant claimed the SSS custody, where he was being kept, could not address his health challenges, the court would have to consider other issues before taking a decision.
“Again, the court will weigh the evidence to see whether the custodians allow the applicant requisite access to medical treatment peculiar to his medical condition.
“The court will also take into account the attitude of the defendant/applicant to the medical facility provided to him by his custodian.
“Where there is a medical facility by the custodian of the defendant which can adequately take care of the medical condition of the defendant, then the application for bail on medical grounds will not be countenanced by the court,” he said.
“Now, where the defendant willfully rejects the medical facility given to him by his custodian merely for the fact that such facility is not up to the standard that he expects, then, he has no good medical grounds for bail application.
“A defendant who is in the custody of the state or agency of the state like the complainant/respondent must understand that his medical care is at the expense of the state and must be reasonable in his demands,” he said.
The judge noted that evidence before the court revealed that it was after the defendant declined the DSS medical services that he was taken to Arewa Specialist Hospital and Diagnostic Center, Jabi by the security outfit.
“There adequate tests and treatments were administered at the expense of the complainant/applicant and he was diagnosed with Moderate Obstructive Sleep Apnea and the use of Continuous Positive Airway Pressure was recommended, among other options, at the hospital, ” the judge said.
