The Nation Newspaper

Tag: health grounds

  • Court grants Melaye bail on health grounds

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has granted bail to Senator Dino Melaye currently being held in a police health facility in Abuja.

    In a ruling on an application by Melaye, argued by his lawyer, Mike Ozekhome (SAN), Justice Yusuf Halilu granted bail to Melaye on health grounds.

    The judge asked him to produce three sureties, one of who must be the Clerk of the National Assembly, who must undertake to produce him when he is to be arraigned in respect of a charge already filed against him.

    The judge said the other two sureties must be owners of properties within the Abuja metropolis.

    Justice Halilu agreed with Ozekhome that the filing of a charge against Melaye by the police should not stop the court from exercising its discretion to grant bail.

    The judge said since the police has exhibited a copy of the formal charge filed against Melaye, it was obvious that the prosecution has concluded plan to arraign him before a court.

    Justice Halilu, who noted that it was only the living that stands trial and impracticable to arraign Melaye either on stretcher or on his hospital bed, it was rational to allow him on bail.

    Justice Halilu said since the issue of bail is a constitutional one, it was for the prosecution to provide sufficient evidece to sustain it’s objection.

    The judge adjourned to a later date next week for his ruling on the substantive suit, in which Melaye is praying the court to among others,  declare unlawful police’s siege on his Abuja home.

    He also wants the court to order the police to render a public apology to him.

  • Court adjourns Melaye’s case indefinitely on health grounds

    Justice Olasumbo Goodluck of FCT High Court, Maitama yesterday adjourned indefinitely the trial of Senator Dino Melaye, docked for allegedly giving false information.

    Melaye , representing Kogi West, was dragged to court on a two-count charge, bordering on giving false information, offences he denied committing.

    The judge, on Wednesday, adjourned until May 17, and ordered the defence counsel to take appropriate steps to explain the absence of the defendant in court.

    Goodluck, in her ruling yesterday, on a motion for adjournment by Mr. Ricky Tarfa (SAN) Melaye’s counsel, held that the prosecution did not doubt the health problem of the senator.

    “From the gamut of the entire facts placed before the court, the prosecution did not controvert the fact that the defendant was in the National Hospital’s Intensive Care Unit (ICU).”

    The judge, therefore, adjourned the case sine die (indefinitely) pending the recovery of the senator from his sickness.

    Earlier, Tarfa, in an application to justify the absence of the senator, informed the court that his client was still lying critically ill at the National Hospital.

    He tendered a medical report, signed by one Dr. Olaniran, Director of Medical Services at the National Hospital, Abuja, which confirmed that the senator was being managed at the Intensive Care Unit.

    Tarfa urged the judge to consider the ill health of the lawmaker as a special circumstance that warranted his absence from trial.

    He urged the court to adjourn the trial pending the time his client would recuperate from the sickness, and be able to stand before the court to answer the two-count criminal charge against him.

    The prosecuting counsel, Mr. Magaji Labaran, urged the court to discountenance the exhibits attached to the defendant’s affidavit, as they did not meet the requirements of the Law.

    He added that the elements in the medical reports did not indicate that the defendant cannot come to court to stand trial.

     

     

  • Ex-Adamawa governor Ngilari granted bail on health grounds

    Ex-Adamawa governor Ngilari granted bail on health grounds

    A HIGH Court in Yola, Adamawa State, has granted bail to former Governor Bala Ngilari on health grounds, after he appealed against his recent conviction.

    Ngilari was granted bail by Justice Nathan Musa in the sum of N100 million with two sureties.

    The sureties must deposit Certificates of Occupancy of landed property owned in Yola, a report by News Agency of Nigeria (NAN) stated.

    The judge said the former governor would enjoy his bail pending the determination of his appeal.

    Justice Musa, on March 6, sentenced Ngilari to five years in prison, without an option of fine, for violating the Public Procurement Act in the award of contract for the procurement of 25 vehicles.

    The vehicles, which were for commissioners, were purchased at the cost of N167 million.

    Musa, in his judgement, had declared that due process was not followed in the transaction.

    Ngilari, having appealed the sentence, went back to the same court that convicted him and asked for bail pending the determination of his appeal.

    Justice Musa, after listening to arguments of counsel to Ngilari, Mr. Sam Olugunorisa (SAN) and that of EFCC, Mr. Abubakar Aliyu, in the motion for bail, granted Ngilari’s request.

    The bail plea was supported by a medical report on Ngilari, from Yola Prison, which indicated that the former governor had been under intensive medical management.

    The report, signed by Mr. John Bukar, a Deputy Comptroller in charge of Health, stated that Ngilari had diabetes, hypertension and insomnia.

    It said Ngilari, who had been referred to Canada Specialist Hospital in Dubai, for evaluation and management, had blood pressure that was rising between 180/110 MMHG to 190/120 MMHG.

  • Ibinabo seeks bail on health grounds

    Ibinabo seeks bail on health grounds

    Nollywood actress and President of the Actors Guild of Nigeria, who is currently in detention on charges of manslaughter, has sought bail citing health reasons. This is coming after the embattled actress’ March 11 failed attempt to secure bail.

    The three-man panel, presided over by Justice Ndukwe-Anyanwu, said that the appellant failed to attach copies of the judgment that was delivered by the court which affirmed the five years jail sentence imposed on her.

    In a six paragraph affidavit of urgency deposed to by one Victor Eden, the deponent averred that a tumour was expelled from Ibinabo’s breast.

    The trial magistrate had earlier given the appellant an option of N100, 000 fine for the offence. This judgment was, however, overturned by the high court, which replaced the option of fine with a five-year jail term.

    The court of appeal has fixed April 7 to hear a bail application causing the actress and ex beauty queen to file an appeal through her lawyer, urging the court to set aside the five- year sentence.

  • Badeh seeks bail on health grounds

    Badeh seeks bail on health grounds

    •Court to rule Thursday

    Immediate past Chief of Defence Staff (CDS), Air Chief Marshal Alex Badeh (rtd) has urged the Federal High Court in Abuja to grant him bail on health grounds.

    Badeh has been in the custody of the Economic and Financial Crimes Commission (EFCC) in Lagos since February 8 when he honoured the agency’s invitation for questioning.

    Badeh is accused of complicity in an alleged fraudulent transactions involving the Nigerian Maritime Administration and Safety Agency (NIMASA).

    Badeh’s request is contained in a bail application he filed before the Federal High Court, Abuja.

    Yesterday, after hearing arguments on the application, Justice James Tsoho fixed Thursday for ruling.

    Arguing the application yesterday, applicant’s lawyer Samuel Zibiri (SAN), who filed the bail application dated February 15, said though the EFCC had granted his client bail, the ex-CDS could not meet it because of the “onerous conditions” attached to it.

    He said his client was recovering from a recent surgery and also had a history of kidney stone.

    Zibiri hinged the application on Section 35(4) and Section 36(5) of the 1999 Constitution and sections 158, 162 and 165(1) (2) of the Administration of Criminal Justice Act, 2015.

    He urged the court to grant bail to his client on self recognizance or on such favourable and liberal terms as the court might deem fit ?to make.

    Zibiri equally prayed the court to grant him bail pending the completion of investigation by the EFCC and/or arraignment before this court.

    Badey’s lawyer argued that the alleged case of fraud for which his client was invited was a bailable offence.

    “There is no reason for, or any likelihood that the applicant will jump bail, escape from Justice, interfere with witnesses or investigation if same is still ongoing, or the course of justice upon his being granted bail.

    “The applicant has no criminal antecedent or records. The applicant owing to his status in the society can be granted bail on self recognizance, or on the most liberal of terms, as he will be available to attend any invitation by the respondents at all times.

    “That the applicant’s health condition is bad and he recently had surgery on his spine which requires constant post-operative follow-up by his physician as well as renal condition which he is currently undergoing treatment for.”

    Badeh, in a supporting affidavit, stated that “That the applicant was invited by the EFCC vide a letter dated February 1, 2016, to their office at No. 5 Fomella Street, Wuse II, Abuja, on Wednesday, February 3, 2016, to provide some clarification on connection with their investigation into an alleged case of fraud.

    “That the applicant honoured the invitation at the scheduled time and date, in company of his legal Representatives led by his humble self Samuel O. Zibiri, SAN.

    “That contrary to the Acting Chairman’s assurances that the visit was merely routine, the applicant was interrogated for well ?over nine hours and asked to write a statement which he did and was thereafter detained and all attempts to secure his release and reschedule another appointment was thwarted by the respondent.

    “That three days after the applicant was detained, the respondent issued an internal memo dated February 10, the most onerous and unrealistic bail terms.

    “That upon receiving the bail condition all efforts were made to satisfy same ?by the family and friends of the applicant who could not satisfy same due to its onerous and unreasonable terns whereupon he, Mr Zibiri, SAN, wrote a letter for a review of the bail condition for the applicant.

    “That the respondent has refused neglected and ignored the said appeal and has continued to detain the applicant indefinitely.

    “That he is currently recovering from a recent surgery on his spinal cord for Lumbo-sacral Spondylosis and currently on medication. He also has a history of Renal Lithiasis (Kidney Stones).”

    Zibiri said Badeh’s detention by virtue of a remand order issued by a Magistrate’s Court in Lagos “is a gross abuse of the ACJA 2015” insisting he should be granted bail because a Federal High Court is superior to the magistrate court.”

    EFCC’s lawyer, Cosmas Ugwu, in opposing the application, told the court that Badeh had not made any effort to fulfil the administrative bail granted him by the EFCC in Lagos.

    “He is in custody in Lagos. Abuja is not holding him, so, the convenient court to grant the applicant bail is a court within the same territorial jurisdiction,” Ugwu argued.

    The EFCC lawyer also informed the court that Badeh was being held under a remand order issued by a Lagos magistrate court because he was fingered in the NIMASA fraud allegation.