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.
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