At the Federal High Court in Abuja, the five supporters of Rivers State Governor Siminalayi Fubara who were accused with terrorism offenses were unsuccessful in their bail motion.
Lukman Fagbemi, a Senior Advocate of Nigeria SAN, filed and contested their bail applications, however they were denied and dismissed due to lack of merit.
Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod are the five defendants facing terrorism-related charges.
On Monday, Judge Mobolaji Olajuwon denied them bail, citing a lack of exceptional circumstances to support their release from confinement at the Kuje Prison in Abuja.
Olajuwon, who delivered the decision on the bail applications, stated that the defendants—Prince Lukman Oladele and Chime Eguma Ezebalike in particular—had not produced convincing and credible evidence to support their release plea.
According to the judge, Mariam Alawiye, an office assistant, stated in her affidavits supporting her plea for bail that she had information and exhibits on the defendants from certain people, but she would not provide those people’s identities to the court.
To make matters worse, the judge stated that the deponent did not provide the court with any documentation or exhibits to back up any of the claims she made in the affidavit testimony.According to Section 115 of the Evidence Act, names of anyone who provided information about defendants in a criminal case must be included in an affidavit of evidence, Justice Olajuwon said.
The Court decided that the affidavit contained irrelevant matters that would not persuade any court to grant bail, in lieu of the facts that were necessary by law.
To compound the problem, the Judge said that the defendants are charged with terrorism offences which are not ordinarily bailable.
While dismissing the bail request, Justice Olajuwon ordered them to remain in Kuje Prison from where they would be coming for their trial.
The Judge subsequently granted accelerated hearing and fixed February 8 for opening of trial by the Inspector General of Police IGP.
Details later.
