A Federal High Court in Abuja has reprimanded the federal government for lack of diligent prosecution in the charge filed against Tukur Mamu, publisher of Desert Herald newspaper.
At the court session yesterday, David Kaswe, prosecution counsel, was not in court, despite having entered his name on the cause list, indicating his presence.
Abdul Mohammed, Mamu’s counsel, urged the court to stand down the matter to await Kaswe’s return.
However, the prosecution lawyer was still not in court when the case was called again after the judge had delivered a judgment.
Inyang Ekwo, the presiding judge, expressed surprise over “the miraculous disappearance” of the federal government’s lawyer in court.
“I am also aware that the prosecution was in court this morning (yesterday), but as to the miracle of the disappearance of the prosecution as at the time this matter came up for hearing is beyond my understanding.
“This antic of the prosecution is only being tolerated in today’s proceeding. If the prosecution demonstrates that they are not ready to prosecute this matter either diligently or expeditiously, the court will make the right decision at that point,” Justice Ekwo said.
Mamu asks to be transferred to Kuje Prison
Mamu’s lawyer moved an application to transfer his client to the Kuje Prisons, adding that the prosecution had already responded to the motion.
In the application, the defence counsel said the Department of State Services, DSS, had refused to obey a previous court order which directed that Mamu be allowed access to his doctors.
The lawyer, who noted that Mamu would get proper medical attention in Kuje prison, said: “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 ruling on Mamu’s application.