A Federal High Court sitting in Abuja, on Thursday, rejected the application for the bail of Tukur Mamu.
Delivering ruling on the trial Judge, Justice Inyang Ekwo held that he took note of the averments in paragraphs 3 (i), (j), (k), (1), and (m) of the counter-affidavit of the Department of State Services (DSS) which were not controverted by Mamu on the implication of granting bail to him.
“Generally, the law is that where averments in a counter affidavit are not countered, they are accepted to be true and correct and they require no further elaboration. This is because facts admitted need no further proof,” the Judge said.
According to Justice Ekwo, where an application for bail is made pursuant to the provision of Section162 of the Administration of Criminal Justice Act (ACJA), 2015 and the opposition, in reaction to the application alleges that there is a likelihood that the defendant/applicant will commit any of the statutory grounds for refusal of bail stated in Section 162 of the ACJA 2015, the onus falls on the applicant (Mamu) to effectually rebut same.
He said though, Mamu averred that the DSS cannot take care of his health challenge and that he was suffering from Cardiac decomposition on background, Thyro-cardiac disease, which had deteriorated and currently affecting his ability to breathe very well, he held that the court would have to weigh some conditions in exercising its discretion.
The Judge said, “The Court will weigh the evidence to see whether the custodians allow the applicant requisite access to medical treatment peculiar to his medical condition. The Court will also take into account the attitude of the defendant/applicant to the medical facility provided to him by his custodian.
“Where there is a medical facility by the custodian of the defendant which can adequately take care of the medical condition of the defendant, then the application for bail on medical grounds will not be countenanced by the court,” the Judge held.
He further stated that, where the custodian does not have the medical facility to take care of the medical condition of the defendant but is capable of ensuring that the defendant has access to a medical facility suitable for his medical condition, the court would not grant the bail.
“Now, where the defendant willfully rejects the medical facility given to him by his custodian merely for the fact that such facility is not up to the standard that he expects, then, he has no good medical grounds for application for bail.
“A defendant who is in the custody of the state or agency of the state like the complainant/respondent (DSS) must understand that his medical care is at the expense of the state and must be reasonable in his demands,” the judge said.
Justice Ekwo observed that it was averred that it was after Mamu declined the DSS medical services that he was taken to Arewa Specialist Hospital and Diagnostic Center, Jabi by the security outfit.