The Federal High Court in Abuja has postponed proceedings in a fundamental rights suit filed by alleged terrorist negotiator, Tukur Mamu, as he continues to challenge his designation as a terrorist by the Attorney-General of the Federation.
Justice Mohammed Umar fixed April 23 for the adoption of final written addresses after the matter, scheduled for hearing on Monday, could not go on as planned.
Mamu, through his lawyer, Johnson Usman (SAN), is asking the court to nullify the terrorist designation, arguing that it violates his constitutional right to be presumed innocent while his terrorism trial is still ongoing. His legal team also presented media publications showing where he was labelled a terrorist, insisting the action was premature and unlawful.
The defence maintained that only a court of law has the authority to declare someone a terrorist after conviction, not while trial proceedings are still in progress. They argued that the designation has caused reputational damage and forms part of the reliefs being sought.
However, the Attorney-General’s legal representative, David Kaswe, opposed the application, telling the court that the government acted within the law. He said the Terrorism (Prevention and Prohibition) Act empowers the Attorney-General to designate individuals as terrorists based on recommendations from the appropriate sanctions committee.
Kaswe explained that the designation does not amount to a conviction and can be reviewed if circumstances change, including if the defendant is eventually cleared by the court.
Justice Umar requested further legal clarification on the relationship between constitutional provisions on presumption of innocence and the Terrorism Act, before adjourning the case.
The outcome of the suit is expected to determine whether the government’s designation of individuals standing trial aligns with constitutional safeguards.
