Why Court overruled FG, granted Saraki, Ekweremadu, others bail

Despite stiff opposition from the Federal Government, an Abuja High Court at Jabi, on Monday, released the Senate President, Dr. Bukola Saraki, his Deputy, Ike Ekweremadu, former Clerk of the National Assembly, Alhaji Salisu Abubakar Maikasuwa and his deputy, Mr. Benedict Efeturi, on bail. The quartet were docked before the court on a two-count forgery charge the federal government entered against them.

defendants were alleged to have masterminded the usage of a bogus Senate Standing Rules for the July 9, 2015, election, through which both Saraki and Ekweremadu took over the leadership of the Senate. FG maintained that the defendants had by their conduct, committed an offence punishable under Section 97 (1) and 364 of the Penal Code Act. However, though FG which was represented by the Director of Public Prosecution, DPP, Mr. Mohammed Diri, did not oppose Saraki’s bail request, it however urged the court to deny the other defendants bail. The DPP told the court that Ekweremadu and the other defendants previously evaded service of the charge on them. “We urge this court to be cautious in handling the bail of the 1st, 2nd and 4th defendants. 

This is also considering the fact that the charge against them is very serious”, the DPP insisted. He noted that the three defendants evaded service until the court granted an order for substituted service of the charge on them by pasting it at the National Assembly notice board. “My lord, what this means is that if granted bail, the defendants may not be seen again for trial”, Diri added. He said FG’s decision not to oppose Saraki’s bail application was to ensure that legislative business in the Senate was not hampered. Meanwhile, delivering a bench ruling on the matter, trial Justice Yusuf Halilu stressed that the essence of bail was to ensure the liberty of an accused person who under section 35 of the 1999 Constitution, is presumed innocent until proven guilty. 

“The law is trite that considering whether or not to grant bail is within the discretion of the court and exercise of such discretion must be done judiciously and judicially”, the Judge held. He observed that the Administration of Criminal Justice Act, ACJA, equally “lends supports that an accused person standing trial shall be granted bail to enable him prepare defence”. He said the concept of “presumption of innocence” under the Constitution entails that an accused person should be afforded the facility and time to prepare to defend the charge before the court. “Consequently, and having considered the applications for bail and submissions by counsel to the defendants, Mr. Ikechukwu Ezechukwu, SAN, Mahmud Magaji, SAN, Paul Erokoro, SAN, and J.B. Daudu, SAN. “Also having considered the counter-affidavit from the DPP, I shall allow the 1st, 2nd, 3rd and 4th defendants to go home today. 

“However, the 1st, 2nd and 4th defendants shall provide two reasonable sureties each”, Justice Halilu ruled. He maintained that the sureties must be owners of landed properties in the highbrow areas of Asokoro, Maitama, Wuse II or Garki in Abuja. The court subsequently fixed July 11 to commence full-blown trial of the defendants.