An Ikeja Lagos Sexual Offences and Domestic Violence Court yesterday rejected the bail request of a student of Babcock University, James Aguedo, who is charged with the gang-rape of a University of Lagos (UNILAG) student.
Justice Abiola Soladoye turned down the request because the applicant did not provide compelling ground for granting it.
“The essence of bail is to ensure the defendant’s attendance at trial. In deciding an application for bail, certain factors must be taken into consideration, such as, the nature of the charge and the evidence adduced. Granting bail to the defendant in a criminal offence is not automatic; it is at the discretion of the court.
“I am of the view that the application before the court has not shown any compelling or exceptional circumstances to warrant the court exercising its discretion in favour of the applicant. The application for bail is hereby refused, and the court shall give this case accelerated trial; I so hold.”
Aguedo’s counsel, Lawal Pedro (SAN), had pleaded for bail to enable the applicant write his examination.
Besides, he said the defendant was suffering from ill-health and needed constant medical attention.
“He has a recurring back ailment. We brought not just a medical report but his medical history because he has been attending an orthopaedic hospital. The prison facility is not conducive for him ”, he said.
Attached to the application for bail were Aguedo’s identity card, admission letter, appointment card of the National Orthopaedic Hospital, Igbobi, Yaba, Lagos Mainland, report of medical examination and a St Dominic’s Catholic Church’s letter of recommendation.
Aguedo, 20, Moboluwaji Omowole, 19, Chuka Chukwu, 19, Peace Nwankama, 19 and Osemeka Josephine, 20, are being tried for the alleged serial gang-rape of the UNILAG student.
They were alleged to have committed the offence in 2017 at UNILAG.
In her testimony, the victim narrated how she was lured by Nwankama, her roommate, to High Rise, a staff quarters in UNILAG where she was gang-raped by eight students. .
She also alleged that she was blackmailed with the video and further gang-raped on other occasions by the defendants and their accomplices now at large.
All the defendants are in Kirikiri Prisons.
The case continues on May 2.
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