Oyo state government Tuesday filed a counter application to oppose the bail applications for Ex Queen Naomi, Agidigbo FM boss and the principal of Islamic High School, Basorun, Abdullahi Fasasi.
The counter application was filed before an Oyo state High Court, 8 sitting in Ibadan by the state Attorney General and Commissioner of Justice, Mr Abiodun Aikomo, who led top officials from the Ministry of Justice to represent the state government.
It was learnt that counsels to the suspects last week filed summon of application for bail before the court.
At the sitting before Justice K. B. Olawoyin, Ex Queen Naomi was represented by Musibau Adetunmbi (SAN), the Agidigbo FM boss was represented by Adekunle Sobaloju, (SAN) while the school principal was represented by Waheed Olajide.
Counsel to the three suspects argued that the Magistrate Court lacks jurisdiction to entertain the case and that the Holden charge that was used to remand the suspects is not known in the Administration of Criminal Justice in the country.
Counsel to the principal of Islamic High School, Basorun, Fasasi Abdulahi, Alhaji Waheed Olajide argued that the use of Holden charge to hold his client is unconstitutional.
He submitted that the Magistrate Court where the applicant is being arraigned lacks jurisdiction to entertain such case, saying, “No formal charge is preferred against the applicant before any court of competent jurisdiction.
“Also, the law makes provision for exceptional circumstances which includes I’ll health upon which the suspects can be released on bail. The applicant is battling with his health and needs to be taken care of medically.”
Alhaji Olajide while buttressing his argument with different decided cases and constitution, prayed the Court to grant the request of the applicant.
Counsel to Ex Queen Naomi counsel, Adetunmbi (SAN) argued that the suspects are unconstitutionally held in prison custody, saying, “Anybody can be detained but it must be in accordance with the law irrespective of the offences committed.
“The applicants are being held in detention pursuance to Holden charge which is not known in the criminal administration of justice.”
