The alleged bandit negotiator, Tukur Mamu, has filed a fundamental rights enforcement suit challenging his designation as a “terrorist” while standing trial by the Federal Government.
Mamu’s counsel, Johnson Usman (SAN), told Justice Mohammed Umar of the Federal High Court, Abuja, on Tuesday that the federal government’s action contravened Section 36(5) of the 1999 Constitution which presumes a defendant innocent until proven guilty by the court.
Usman told the court that the printout of publications in the media where his client was designated as a terrorist had been attached to their application as exhibits.
He adopted the processes and urged the court to grant their reliefs by enforcing Mamu’s fundamental rights.
The Attorney-General of the Federation, Lateef Fagbemi (SAN) was listed as the sole respondent in the fresh suit, marked: FHC/ABJ/CS/713/2024.
Usman said while the federal government arraigned the applicant on alleged terrorism offences, it was wrong for it to go ahead and designate him as terrorist in the case.
He argued that the counter affidavit filed by the federal government against the suit showed an admission of the allegation.
“It is the court that has the power to designate him as a terrorist after he must have been convicted and sentenced by court.
“It is only my lord that has the power and duty and not the respondent in this instant case.
“Having done that, the applicant is entitled to damages and to teach them a lesson that you cannot designate a person a terrorist who is undergoing a trial,” he stated.
However, AGF’s lawyer, David Kaswe, opposed Usman’s submission.
He said in opposition to the application, they filed a five-paragraph counter affidavit.
“We place heavy reliance on all the paragraphs in opposition to the applicant’s application,” he argued.
Justice Umar consequently adjourned the matter till February 23, 2026 for adoption of final written addresses by parties in respect to provisions of Section 49 of the Act and Section 36 of the constitution.
