Court grants bail to widow of Abiola who allegedly assaulted female police officer — Daily Nigerian

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On Wednesday, a court of six Chief Magistrates in Wuse Zone, Abuja granted bail to Professor Zainab Abiola and his domestic staff, Rebecca Enechido.

Magistrate Elizabeth Wonu, after listening to the arguments of the two lawyers regarding the bail request, granted them conditional release.

Ms Wonu, in the ruling, said the court considered the provisions of Section 229 of the Penal Code which is an attempt to commit culpable homicide, which is applicable in Northern Nigeria and is used in the proceedings. criminal.

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The court also said it considered the provisions of Article 277 of the Code of Criminal Procedure.

She said the court with jurisdiction to hear the attempted culpable homicide charge may also grant bail.

She said that, however, because the defendants had been in custody for 12 days, the court would grant bail.

The magistrate therefore granted bail to the defendants and ordered that the defendants provide two reasonable sureties at fixed domicile.

The court further ordered that sureties must swear under oath of resources, which must be domiciled within the jurisdiction of the court.

The court, in its decision, also said that sureties must prove that they are tenants or owners.

The defendants were ordered by the court to report to the FCT Police Command every Monday until November 1, to allow them to be brought before a competent court.

The court concluded that if the prosecution failed to bring the defendants to appear within the time limit, the court order would be overturned.

Earlier, prosecution attorney ASP Stanley Nwafoaku informed the court that prosecution witness Teju Moses was unavailable as she was still recovering from her injuries.

He also added that the investigating police officer, IPO, was also unavailable.

Mr. Nwafoaku therefore requested an adjournment.

Defense attorney Monday Adah, in his response, opposed the adjournment request and urged the court to continue with the proceedings.

Adah further informed the court that he filed a motion for notification dated and filed on September 26, and served and acknowledged by the prosecution on September 30.

Mr. Nwafoaku said he knew the request had been received by his office, but he had not seen it.

He also asked the court to obtain a short adjournment to enable him to respond to the request of the defendants’ lawyer.

Adah, for his part, argued that there was no order in court to hold the defendants for further investigation.

“An additional day will affect the fundamental rights of the defendants, I urge the court to accept our request because it is ripe for the hearing.

“The bureaucratic bottleneck in the administration of the prosecution should not hit the defendants.

“Therefore, in the interests of justice, the motion must be taken and not adjourned until another date,” Mr Adah said.

The court, in a short decision, said the issue did not relate to non-service and therefore said that prosecutorial negligence resulting in the prosecutor not being in possession of the motion should not be an issue. .

The court therefore ordered Adah to pursue his claim.

Mr Adah said the claim was made under Section 36(5) of the Nigerian Construction of 1999 as amended and Sections 158,162,163 and 165 of the Administration of Criminal Justice Act, ACJA , 2015.

He added that the motion seeking two reliefs was supported by a six-page affidavit filed by a certain Moses John of the defense attorney’s law firm.

The attorney further argued that in addition to the affidavit, there was an emergency affidavit of the same 6 paragraphs along with a written address which he urged the court to adopt as his argument in the case. .

He then urged the court to grant the defendants bail on the most liberal terms.

“We pray that the first defendant who is actively practicing as a legal professional, a chief legal consultant for the police and a teacher who contributes daily to the education sector, will be released on bail in the event of self-acknowledgement.

“The first defendant also owns a house in Abuja within the jurisdiction of the court.

“The poor state of health of the first defendant is also the reason for the emergency affidavit,” he added.

In response, the prosecutor requested the court’s permission to respond orally to Adah’s request.

“Careful consideration of the motion is a repeat of the defense prayer at which the court delivered its decision on September 23.

“Since there is no order quashing said decision as issues have been raised which were not there when the decision was rendered, the decision can only be appealed and I consider this motion to be an abuse of the legal process.

“I want to adopt my previous thesis on this same request with article 227 and 229 of the penal code, which is the offense of attempted voluntary homicide, of which the defendants are indicted”, argued the prosecutor.

Nwafoaku further stated that the motion did not address any new issues and therefore urged the court not to grant Adah’s requested bail request.

Adah reiterated that even though Section 227 speaks of a charge, the police had brought a first information report (FIR) and it was before the court to write a charge which had not been made.

He urged the court to overturn the court order issued on September 23.

Nwafoaku said the request if such a nature cannot be made orally as there must be reasons stated in an affidavit to enable the prosecution to respond.

He argued that the defense could only respond on a point of law and reapply if they needed the court to overturn the earlier order.

The News Agency of Nigeria (NAN) reports that the defendants have been charged with criminal conspiracy, attempted culpable homicide, grievous bodily harm without provocation, criminal intimidation and intentional insult with intent to disturb the public. peace.

NAN also reports that the first defendant, an activist lawyer and her domestic helper, Enechido, were arrested on September 20 following an allegation of causing serious injury to the plaintiff, Moses, who was attached to her as a than a nurse.

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