A Federal High Court sitting in Abuja has given reasons why it would not grant the bail applications filed by an alleged Boko Haram member and Kogi State University lecturer, Dr Nazeef Mohammad Yunus and two others.
Ruling on the bail applications, the presiding judge, Hon. Justice Gabriel Kolawole, held that the current activities of the Boko Haram members in the Northeast would not allow it to exercise its discretionary powers in favour of the accused applicants.
The court upheld the arguments of the prosecution counsel, Mrs. Jones Nebo that the offence of the accused applicants carried capital punishment and therefore, their release on bail would pose serious national security threat in general and Kogi State in general.
Justice Kolawole said that should the court decide to grant them bail, it would have to impose strigent bail conditions, but explained that imposing stringent conditions, which the suspects would not be able to fulfill, “it is like giving a gift with the right hand and taking it back with the left”.
Justice Kolawole said: “The duty of the court is to assist the state and law enforcement agencies in their coercive effort against terrorism, while been mindful of the fundamental human rights of the accused”.
Acceding further to the demands of the prosecution, Justice Kolawole said the upsurge in the wanton killings of students and destruction of property by the violent Boko Haram sect in Yobe and Borno States in the last six weeks have raised serious security concerns that the court cannot turn a blind eye to, while acknowledging the discretionary powers of the court to grant bail to the accused persons who are presumed innocent until found guilty by a competent court of jurisdiction.
“In view of what has happened in Buni Yadi in Yobe State recently and Borno State in the last six weeks, it will be refer to judicial naivety and an abuse of the court’s undoubted discretionary powers to grant the accused bail. It will send a wrong signal to the United States of America and the international community on Nigeria’s effort at combating the “bad boys”, Boko Haram sect”.
The counsels to the accused persons had urged the court to use its discretionary powers to grant bail since there were no evidence that the accused applicants would abate justice, interfere with investigation, or jump bail.
After examining the arguments of counsels in the matter, Justice Kolawole said: “I hereby remand the accused persons in Kuje Prison until the next adjourned date”.
On the health concern of the second accused raised by his counsel, Chief James Ocholi (SAN), the court said: “The second accused person shall have access to the National Hospital in Abuja and every other top medical facility in the country whenever the need arises”, Justice Kolawole assured.
He however, assured parties in the matter of accelerated hearing.
You would recall that Dr. Nazeef and two others, Salami Abdullahi and Umar Musa, are being prosecution by the Federal Government on charges of terrorism.
The case was adjourned to March 18, 2014 for commencement of hearing.
