Anti-Terrorism Act: Bandits’ Negotiator Tukur Mamu Faces Life Imprisonment

The table may be rapidly turning for Tukur Mamu, the man negotiating the release of victims of the Abuja-Kaduna train attack by terrorists.

The Kaduna-based publisher of Desert Herald was taken into DSS custody on Wednesday upon his arrival from Cairo, Egypt where he was arrested and interrogated by Interpol.

Mamu had stopped over in Cairo en route to Saudi Arabia for the lesser hajj, accompanied by four other family members when he was intercepted and deported to Nigeria.

Confirming his arrest and detention on Wednesday, Peter Afunanya, spokesman of the DSS, said in a statement that “the self-acclaimed Kaduna Train hostage negotiator” was in the agency’s custody.

The statement said, “This is to confirm that Mamu, as a person of interest, was intercepted by Nigeria’s foreign partners at Cairo, Egypt on 6th September 2022 while on his way to Saudi Arabia. He has since been returned to the country, today, 7th September 2022 and taken into the Service’s custody.

The act followed a request by Nigeria’s Military, Law Enforcement and Intelligence Community to their foreign partners to bring back Mamu to the country to answer critical questions on ongoing investigations relating to some security matters in parts of the country. The public may wish to note that the law will appropriately take its course.”

On Thursday morning, DSS operatives ransacked his Kaduna residence and carted away laptops, phones and documents.

Reports carried by Daily Trust on Thursday claimed Mamu was arrested allegedly for receiving ransom payments amounting to about N2 billion on behalf of terrorists, and for alleged ties with terrorists in the northeastern part of Egypt.

If the DSS decides to charge him to court and is able to establish a case of supporting terrorism, he faces a maximum penalty of life imprisonment or at least 40 years in prison.

Going by the provisions of the Terrorism (Prevention and Prohibition) Act, 2022,  there are at least three relevant clauses that may be used to nail Mamu, with each carrying a minimum of 20 years imprisonment.

The relevant provisions are found in Part 5 of the Act, which explains the varying offences as it relates to terrorism, and terrorism financing.

Subsection 21 of Part 5 says: “(1) A person or entity, within or outside Nigeria, in any manner, who, directly or indirectly, and willingly provides, solicits, acquires, collects, receives, possesses, or makes available property, funds or other services, or attempts to provide, solicit, acquire, collect, receive, possess or make available property, funds or other services with the intention or knowledge, or having reasonable grounds to believe that it will be used, in full or in part to—

“(a) finance a terrorist or terrorist group, (b) commit an offence under this Part, or an offence specified in any relevant law or enactment referred to under this Act, or (c) do any other act intended to cause death or serious bodily injury to a civilian or any other person not taking active part in the hostilities in a situation of armed conflict, when the purpose of that act, by its nature or context, is to intimidate a group of people or to compel a government or an international organisation to do or abstain from doing any act, commits an offence.

“(2) A person who commits an offence under subsection (1) is liable on conviction to— (a) in the case of a natural person, life imprisonment; or (b) in the case of a body corporate— (i) a fine of at least N200,000,000, (ii) imprisonment of principal officer for a term at least 20 years and up to a maximum of life imprisonment, and (iii) the winding up of the body corporate, and its prohibition from reconstitution or incorporation under any form or guise.

“(3) A person who knowingly or intentionally enters into or becomes involved in an arrangement— (a) which facilitates the acquisition, retention, or control of terrorist fund, by or on behalf of another person, by concealment, removal out of jurisdiction, transfer to a nominee or in any other way, or (b) as a result of which funds or other property is to be made available for the purposes of terrorism or for the benefit of a specified entity or proscribed entity, commits an offence.

“(4) A person who commits an offence under subsection (3), is liable on conviction to— (a) in the case of a natural person, imprisonment for a term of at least 20 years and up to a maximum of life imprisonment; and (b) in the case of a body corporate— (i) to a fine of at least N200,000,000,

“Similarly, Subsection 12 of this Part proscribes a conviction to imprisonment for a term of at least 20 years if a person who knowingly—

“(a) arranges, manages, assists in arranging or managing participates in a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group,

“(b) collects, or provides logistics, equipment, information, articles or facilities for a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group, or

“(c) attends a meeting, which in his knowledge is to support a proscribed entity or to further the objectives of a proscribed entity, commits an offence, and is liable on conviction to imprisonment for a term of at least 20 years.

Also, Subsection 13 of this Part explains that,

“(1) a person who knowingly and directly or indirectly, solicits or renders support— (a) for the commission of an act of terrorism, or (b) to a terrorist group, commits an offence and is liable on conviction to imprisonment for a term of at least 20 years and up to a maximum of life imprisonment.

“(2) For the purposes of subsection (1), “support” includes— (a) incitement to commit an act of terrorism by the dissemination of terrorist information through the internet, other electronic or digital means, or through the use of printed materials;

“(b) receiving or providing material assistance, training, transportation, false documentation or identification to a terrorist or terrorist group; (c) receiving or providing information or moral assistance to a terrorist act or terrorist group, including invitation to adhere to a terrorist or terrorist group;

“(d) entering or remaining in a country for the benefit of, or at the direction of or in association with a terrorist group; and (e) providing or making available, such financial or other related services prohibited under this Part, or as may be prescribed by regulations made under this Act.”