From Godwin Tsa Abuja
The Abuja division of the Federal High Court has expressed its displeasure with the federal government’s lack of diligent prosecution in the case against Desert Herald newspaper publisher Tukur Mamu.
The court’s frustration stemmed from the absence of prosecution counsel David Kaswe, despite his name appearing on the cause list indicating his presence. Mamu’s counsel, Abdul Mohammed, urged the court to delay the proceedings to await Kaswe’s return. However, Kaswe remained absent even after the judge delivered another judgment.
Justice Inyang Ekwo expressed surprise at the “miraculous disappearance” of the prosecution lawyer, stating that such behaviour would not be tolerated in future proceedings. He warned that if the prosecution continued to demonstrate a lack of diligence or expediency, the court would take appropriate action.
Meanwhile, Mamu’s counsel filed an application to transfer his client to Kuje Prisons, citing the prosecution’s response to the motion. The defence argued that the Department of State Services (DSS) had refused to comply with a previous court order allowing Mamu access to his doctors. The lawyer emphasized that Kuje prison would provide Mamu with proper medical attention, stating, “This application is brought so that we will take the defendant to the prisons because they always obey court orders there so that if we go there, he will have access to his medical officer.”
“It is completely within the discretion of the court and we do not want to bring an application for contempt as that will take time.”
“Therefore, we want the court to vary the order and the defendant will stay in the Kuja correctional facility. That is what we are asking for.”
The judge adjourned the matter until May 20 for a ruling on Mamu’s application.