The Federal High Court in Abuja has adjourned the fundamental rights enforcement suit filed by alleged terrorist negotiator Tukur Mamu against the Attorney-General of the Federation (AGF) until April 23 for the adoption of written addresses.
Mr. Mamu is challenging his designation as a “terrorist” by the AGF while standing trial on terrorism charges.
The case is before Justice Mohammed Umar and is marked FHC/ABJ/CS/713/2024.
Mamu’s counsel Johnson Usman argued that the AGF’s action violated Section 36(5) of the Constitution, which presumes defendants innocent until proven guilty.
He submitted that media publications designating Mamu as a terrorist were attached to the application as exhibits.
Mr. Usman said the designation was made after Mamu had been charged and was undergoing trial and that the federal government had refused requests to reverse the designation.
“It is the court that has the power to designate a person a terrorist after conviction and sentencing, not the AGF,” Usman said.
He requested that the court affirm Mamu’s rights and award damages for the designation.
The AGF, through counsel David Kaswe, opposed the suit.
Mr. Kaswe argued that the designation was lawful under Sections 49 and 50 of the Terrorism (Prevention and Prohibition) Act, 2022, which allow the AGF, upon recommendation from the Sanctions Committee, to designate individuals suspected of involvement in terrorism or terrorism financing.
Kaswe said the committee reviews designations quarterly and that Mamu was a “designated terrorist” and not a convicted terrorist.
Justice Umar questioned whether it was lawful to designate a defendant facing trial as a terrorist.
Kaswe maintained that the AGF acted within the law.
Usman countered that relying on Section 49 of the Act conflicted with the constitutional presumption of innocence.
The court initially scheduled the adoption of written addresses for February 23, but the matter was further adjourned to April 23.
Mamu was arrested by the State Security Service (SSS) on September 7, 2022, for his alleged interaction with terrorists responsible for the March 2022 attack on the Abuja-Kaduna train.
The attack resulted in at least eight deaths and 168 missing passengers, most of whom were believed kidnapped.
Twenty-three kidnapped victims were freed after six months following federal intervention.
In a separate trial before Justice Umar, the federal government is prosecuting Mamu for terrorism related to the train attack.
In November 2025, an SSS agent testified that Takur Mamu was offered a N50 million share by Shugaba, the leader of the terrorist group responsible for the attack.
