A dramatic exchange occurred at the Federal High Court in Abuja on Monday as lawyers representing the Federal Government and detained Abuja-Kaduna train attack negotiator, Tukur Mamu, clashed over a firearm licence allegedly recovered from his residence during the terrorism financing investigation.
Mamu’s lawyer, Johnson Usman, SAN, challenged the prosecution to produce the licence, insisting that its failure to do so raised serious doubts about the allegation that his client unlawfully possessed a firearm.
But the Federal Government’s lawyer, David Kaswe, countered that the licence and the firearm had already been tendered as exhibits before the court.
The disagreement occurred during the adoption of final written addresses in Mamu’s trial, following which Justice Mohammed Umar fixed January 27, 2027, for judgment.
The Federal Government is prosecuting Mamu on a 17-count amended charge bordering on terrorism financing, money laundering and unlawful possession of firearms.
During Monday’s proceedings, Usman told the court that the defence had repeatedly requested the prosecution to produce the firearm licence but had allegedly failed to obtain it.
Justice Umar interrupted the submission, asking whether the defence was referring to an expired licence.
Responding, Usman maintained that the defence’s position was that the licence was still valid at the time of Mamu’s arrest.
He argued that although the prosecution took custody of the firearm and the accompanying licence, its failure to produce the document had created doubts surrounding the firearms charge.
The senior lawyer said the defence had requested on three occasions.
“My lord, if my vehicle licence expired and my car is parked at home, the VIO cannot come and arrest me that my licence is expired,” he argued.
However, Kaswe, an Assistant Director appearing for the Attorney-General of the Federation, rejected the defence’s argument.
He told the court that the prosecution had tendered both the firearm and its licence during the testimony of its fifth witness, an exhibit keeper.
“My Lord, the record of this court will show that we have tendered the licence together with the arms on the day the PW-5, an exhibit keeper, was led on evidence,” he said.
Kaswe added that the court had also granted the prosecution’s request for the safe custody of the firearm and other exhibits.
Following the exchange, both lawyers adopted their respective final written addresses and urged the court to rule in their favour.
Usman urged the judge to discharge and acquit Mamu, insisting that the Federal Government had failed to prove the allegations against him.
He said the defence’s final written address was dated July 22 and filed on July 23, while its reply on points of law was filed on October 30.
The prosecution, however, urged the court to convict Mamu, arguing that it had established the allegations through the evidence presented during the trial.
Kaswe adopted the Federal Government’s final written address, dated September 18 and filed on September 21.
“We respectfully adopt our written address as our oral submission and argument in proof of the case against the defendant, and we urge my lord to agree with us that we have discharged the burden of proof placed before us and to convict the defendant as charged,” he told the court.
The Federal Government accused Mamu of supporting Boko Haram terrorists and interfering with efforts by a committee established by the Chief of Defence Staff to negotiate the release of hostages abducted during the March 28, 2022 Abuja-Kaduna train attack.
In one of the counts, the prosecution alleged that Mamu encouraged the terrorist group to boycott the committee’s negotiations to strengthen his position as an intermediary in ransom negotiations and payments.
He was also accused of receiving $`120,000 from families of victims on behalf of the terrorist group.
Another allegation accused him of exchanging voice-note communications relating to terrorism with Baba Adamu, identified in the charge as a Boko Haram spokesperson.
The government further alleged that Mamu dealt in terrorist funds amounting to $269,200 and N25,690,500 allegedly found in his possession.
Other counts listed 1,840 Indian rupees, 1,700 Egyptian pounds and 115 UAE dirhams allegedly found in his possession.
The prosecution also accused him of money laundering involving the dollar and naira sums.
In the firearms-related counts, Mamu was accused of unlawfully possessing a Delta Magnum pump-action firearm and 47 cartridges without a valid licence.
Mamu was initially arraigned on a 10-count charge after his arrest by Egyptian security officials at Cairo International Airport on September 7, 2022.
The Federal Government subsequently amended the charges, introducing additional allegations, including money laundering and unlawful possession of firearms.
He was re-arraigned on June 1 on the amended 17-count charge and pleaded not guilty.
The prosecution called seven witnesses before closing its case, while Mamu opened his defence on April 23, testifying as the sole defence witness.
At the conclusion of the proceedings on Monday, Justice Umar fixed January 27, 2027, for judgment.
