Real reasons why Mamu is challenging his declaration as terrorist financier emerges
The real reasons why the publisher of Desert Herald Newspaper, Malam Tukur Mamu is challenging his declaration by the federal government as a terrorist financer have emerged.
The Kaduna based fiery newspaper publisher, who has earned a reputation for investigating the sleazy conduct of political office holders and government officials gave the federal government one week ultimatum to withdraw its label on him as a terrorist financier or have its day in court in his avowal to get his fundamental human rights enforced.
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Mamu has over the years stepped on very powerful toes through his various expository publications of shady and corrupt activities of the Nigerian elite and political office holders.
Mamu through his lawyer, J.J. Usman (SAN), has on March 25 written a letter to the Attorney General of the Federation, Lateef Fagbemi, in which he threatened to sue the federal government over what he called unjustified media trial to give him a bad name in order to conveniently crucify him.
“We are Counsel to MR. TUKUR MOHAMMED MAMU (hereinafter referred to as Our Client) on whose firm and absolute instruction we relate with you on the above subject matter.
“Recall that Our Client was arraigned by the Federal Government of Nigeria, particularly before the Federal High Court, Abuja Division in CHARGE NO:
FHC/ABJ/CR/96/2023 between THE FEDERAL REPUBLIC OF NIGERIA V, TUKUR MOHAMMED MAMU.
“In furtherance to this, it is remarkable to note that your office is currently prosecuting Our Client on allegations bothering on terrorism,
“Attached herewith is a certified true copy of the said Charge marked
as ANNEXURE “A” for ease of reference.
“It is lamentable to observe that on 19/03/2024: while the case against Our Client is still pending, the social media was saturated by a publication allegedly emanating from and authorized by your good office.
“However, the said publication was
specifically made by the “Nigerian Sanctions Committee” wherein Our Client was profiled and designated as a “Terrorist (TERRORIST FINANCIER)”.
“As at the time of this missive, no Court of competent jurisdiction in Nigeria has designated Our Client as such.
“Attached herewith is a copy of the publication downloaded from the online marked as ANNEXURE “B” for ease of reference.
“It is a common knowledge that the administration of criminal justice system in Nigeria, is not only antithetic to, but forbids media trial in whatever guise.
“We vehemently condemn the actions of the Nigerian Sanctions Committee same being a violation the rule of natural justice and prejudicial to Our Client who is undergoing trial, and whose trial is still pending in SUIT FHCIABJ/CR/96/2023.
“It is sardonic and very disheartening that this publication is coming from the Nigerian Sanctions Committee; which ordinarily should be fueling the front burner in championing the course for the sustenance of the Rule of Law in Nigeria. Albeit, the Nigerian Sanctions Committee lacks the statutory mandate to pronounce on, and to designate Mr. Tukur Mohammed Mamu as a Terrorist Financier; even when it is a notorious fact that Mr. Tukur Mohammed Mamu is undergoing trial. It is so, particularly that the court has not made any pronouncement detailing him to be one.
“It is our firm position that the action of the Nigerian Sanctions Committee is not just tantamount to the usurpation of the Court’s power provided under Section
6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); but is a mockery of the Nigerian judicial system.
“We have no doubt about the deliberate ploy to soil the name and the hard earned reputation of Our Client in whose favour the constitutional right to the presumption of innocence inures.
“By the publication above referred, it becomes crystal clear that the Federal Government of Nigeria is the Complainant against Our Client; the prosecutor of our Client and now putting itself in a head on collusion with judicial power of the court by assuming adjudicatory position thereon. Adjuging Our Client as a Terrorist has eroded all the jurisprudential tenets of rules of natural justice.
“On the basis of the aforesaid, we demand in very clear and unequivocal terms,: the immediate retraction of the said Publication within 7 days from the receipt of this letter dated this 25h March, 2024.
“Failure to comply with Our Client’s demand, we will have no hesitation in seeking redress in the Court of law for the ventilation of Our Client’s grievances,” the letter, which was copied The Chief Executive Officer, Nigerian Financial Intelligent Unit, said.
But this paper can authoritatively reveal that apart from the above reasons, there are other salient and fundamental issues which Tukur Mamu seeks to benefit from if he succeeded in thwarting his declaration as a terrorist financer.
It may be recalled that The Nigeria Sanctions Committee, NSC on March 18, 2024 sat and ratify the names of 15 persons and organizations as terrorist financiers over their alleged involvement in terrorism.
The persons and organizations are; Tukur Muhammad Mamu, Yusuf Ghazali, Muhammad Lawan Sani, Abubakar Adamu Muhammad Sallamudeen Abdullahi Hassan and Adamu Ishak.
Others are; Hassan Oyiza Isa, Abdulkareem Musa, Umar Abdullahi, West and East Africa general trading company limited and Settings Bureau De Change Ltd.
The rest are; G side General Enterprises, Desert Exchange Ventures Ltd, Eagle Square General Trading Company Limited and Alpha Exchange Bureau De Change.
In a memo addressed to reporting entities/subscribers seen by this reporter, the NSC spelt out very stringent measures against anyone whose name featured as a terrorist financer.
“The National Sanctions Committee met on the 18th March, 2024, where specific individuals and entities were recommended for designation following their involvement with terrorism financing.
“The Honourable Attorney General of the Federation, with the approval of the President, has there upon designated the following individuals and entities to be listed on the Nigeria Sanctions List, in
accordance with Section 54 of the Terrorism (Prevention and Prohibition) Act, 2022,” the memo said.
The NSC said it designated Mamu as a terrorist financer for participating in the financing of terrorism by receiving and delivering ransom payments in the sum of $200,000 in support of ISWAP terrorists for the release of hostages of the Abuja-Kaduna train attack.
According to the NSC by being designated as a terrorist financer, Mamu’s business interests will suffer a lot of restrictions while his accounts will be outrightly frozen.
“On 18th March, 2024, the Chairman of Nigeria Sanctions Committee (NSC) on the recommendation of the NSC designated TUKUR MUHAMMAD MAMU NLISWi.4 as a terrorist financier and
directs his addition to the Nigeria Sanctions List.
“Pursuant to the provisions of section 54 of the Terrorism (Prevention and Prohibition) Act, 2022, all financial institutions and designated non
financial businesses and professions are required to:
“a) immediately, identify and freeze, without prior notice, all funds, assets, and any other economic resources belonging to the designated persons and entities in your possession and report same to the Secretariat of the Nigeria Sanctions Committee;
“(b) report to the Secretariat of the Nigeria Sanctions Committee, any assets frozen or actions taken in
compliance with the designation, including attempted transactions;
“(c) immediately file a suspicious transactions report to the NFIU for further analysis on the financial
activities of such an individual or entity; and.
“(d) report as a suspicious transactions report to the NFIU, all cases of name matching in financial transactions prior to or after receipt of the Nigerian Sanctions List.
“(d) subsequently prohibit dealings with the designated persons and entities and to continue to check for transactions relating to the designated person or entity and the actions to be taken if funds or other assets or suspect transactions are discovered.
“(e) note that this freezing obligation extends to:
(i) all funds or other assets that are owned or controlled by the designated person or entity, and not
just those that can be tied to a particular act, plot, or threat of terrorism or terrorism financing;
“(ii) those funds or other assets that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities;
“(iii) the funds or other assets derived or generated from funds or other assets owned or controlled directly or indirectly by designated persons or entities; and
“(iv) funds or other assets of persons and entities acting on behalf of, or at the direction of designated
persons or entities.
“(f) note that this asset freezing mechanism is a preventive tool to disrupt terrorist support and activity
and it is incumbent on financial institutions and designated non-financial businesses and professions to comply with the asset freezing obligations, giving the potential of both criminal and civil liabilities for non-compliance, as well as the reputational risks for financial institutions and DNFBPs of being
seen to be in breach of the asset freezing mechanism,” NSC disclosed.
A constitutional lawyer, Maikano Sani said with the sanctions imposed so far, it has become incumbent for Mamu or any of those named in the list to challenge the designation or remain perpetually in the realm of economic destitution as no one will dare do any business with any entity belonging to them in order to remain on the safe side of the law.
