Stories by Vivian Okejeme
Abuja
Justice Yusuf Halilu of a High Court of the Federal Capital Territory (FCT), Jabi Division, has ordered 10 persons arraigned before the court on a four-count criminal charge of armed robbery, theft and illegal possession of fire arms, to be remanded in Keffi Prison, Nasarawa state.
The accused persons in the case between Commissioner of Police (CP) vs Livinus Mbaga and nine others, are to be remanded pending ruling on bail applications by their counsels.
When the charges were read to the accused, all nine pleaded not guilty to the charges preferred against them.
The accused persons were alleged to have conspired and robbed an aluminum company in Jabi and carted away materials worth about N25million, an offence punishable under sections one, two, three and six of the Robbery and Fire Arms (Special Provisions Act), Laws of the Federation, 2004.
At the resumed sitting, Counsel representing the CP, Blessing Ezeala, a Superintendent of Police (SP) in the Legal Department of the FCT Police Command, told the court that the matter had been adjourned for opening of trial and the consolidated filing of bail applications but some of the defendants had failed to file their applications.
Counsel representing the 3rd, 4th and 6th defendants, Ndudubuisi Kalu, told the court that the said defendants would file their application for bail in future date and proper commencement of proceedings.
Counsel to the 1st, 2nd, 5th, 9th and 10th defendant, Ifeanyi Ejiofor, on the other hand, told the court that bail applications have been filed on behalf of his clients along with a motion and 10 paragraph affidavit for each of his clients.
He said, a response was also filed to a 27-paragraph counter affidavit by the prosecution counsel where Ejiofor outlined quotes where armed robbery was mentioned in the said affidavit of the prosecution.
The defence counsel, in opposition, said though the charge preferred against his clients were serious, there was nowhere in the proof of evidence or the charge sheet where armed robbery was mentioned, except for a statement of a witness of the prosecution.
While relying on contents of his motion, written addresses and affidavits filed on behalf of each accused, Counsel to the 8th defendant, Hassan Luqman, also filed and requested same as the first defendant.
The defense counsels therefore urged the court to grant their clients bail on liberal terms.
The prosecution counsel opposed the application of the first defendant’s applicant and filed a counter application in opposition to the bail applications followed by a written address and affidavit dated November 14, 2016 and deposed to by a Sergeant Umar Mohammed, attached to the Legal Section of the command.
Ezeala buttressed her counter application with a document, which is an order of court emanating from Justice A. O. Adebiyi of an Osun State High Court.
The Judge, however, could not admit the document because it was not backed by judicial notice.
Ezeala urged the court to refuse the application of the defendants, stating that granting the application would jeopardize the proceedings of the case because the accused have another case to answer in a court of concurrent jurisdiction.
Justice Yusuf Halilu, after taking applications of parties fixed January 26, 2016, an ordered that: “The defendants should be returned back to Keffi Prison pending when ruling is given.”
