The Federal High Court sitting in Yenagoa, Bayelsa State, on Monday granted Yunusa Dahiru, alias Yellow, bail.
Yunusa is being tried in the court for alleged abduction and forcefully marrying a 14-year-old Ese Oruru from Bayelsa State.
Yunusa, who hails from Kano State, is standing trial on five counts of abduction, illicit sex and unlawful carnal knowledge of Ese.
The court, presided over by Justice H.A. Ngajiwa, resumed in Yenagoa to rule on a bail application filed by Yunusa’s five-man team of lawyers, led by Mr. Kayode Olaosebikan.
The judge ruled that the offences committed by Yunusa were bailable.
He then asked the suspect to provide
N3m, two sureties who are resident within the court’s jurisdiction and a
written undertaking that he would not jump bail.
As part of the conditions for the bail,
one of the sureties must be a renowned title holder and a public
servant on Grade Level 12 who must provide evidence of first appointment
and promotion letters.
The judge further directed that the sureties must provide their tax clearance certificates.
Ngajiwa’s verdict was based on an
application deposed to by the defendant and supported by a
seven-paragraph affidavit in line with the rules of the court on whether
or not Yunusa was entitled to bail.
The judge said the application averred
that the grounds for bail were within the discretion of the court and in
exercising that discretion, the court must act judicially and
judiciously.
The judge stated that Yunusa’s lawyers
in the application argued that the suspect was innocent until proved
guilty, noting that Yunusa had no records of criminal behaviour and was
not likely to jump bail.
The lawyers argued that since the
offence was bailable and there were people who were ready to stand
surety for the suspect, Yunusa was entitled to bail.
Ngajiwa also faulted a 10-paragraph application opposing the bail filed by the prosecution.
He said the argument of the prosecution
that the accused person would not come for trial since he is not
resident in the state was defective and would not stop the granting of
the bail.
He cited sections 158 and 162 of the
Administration of the Criminal Justice Act and section 36 (5) of the
Nigerian Constitution, 1999, as amended, and insisted that the felonies
committed by Yunusa were bailable.
by Simon Utebor, Yenagoa
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