TheNewsGuru

Tag: Bail

  • Nnamdi Kanu tells court reason he jumped bail, went underground

    Nnamdi Kanu tells court reason he jumped bail, went underground

    The Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu said he might have been killed if he didn’t jump bail in 2017.

    Kanu disclosed this on Tuesday when he was arraigned before Justice Binta Nyako of the Federal High Court in Abuja.

    Kanu indicated his interest to talk after the judge ruled that he should be remanded in the custody of the Department of State Service (DSS).

    He told the court that he decided to go underground because his house was raided but he was able to escape.

    Kanu said if he had not escaped, he might have been killed like other members of the group.

    The judge, who advised him not to feel discomfiture to stand his trial, urged him to get across to his lawyer for the trial.

    The counsel to the Attorney General of the Federation (AGF), Shuaibu Labaran, had earlier told the court that the defendant (Kanu), who jumped bail, had been arrested and produced in court.

    Labaran urged the court for an order detaining the arrested IPOB leader at the DSS facility pending the hearing and determination of the matter.

    Justice Nyako, who granted the plea, adjourned the matter until July 26 for trial continuation.

  • BREAKING: Court finally grants Baba Ijesha N2m bail

    BREAKING: Court finally grants Baba Ijesha N2m bail

    Justice Oluwatoyin Taiwo of the Ikeja Special Offences Court has granted bail in the sum of two million naira and two sureties to Nollywood actor Olarenwaju Oyiminka (alias Baba Ijesha).

    The judge ordered that one of the sureties must be a blood relative of the defendant and the other, a lawyer.

    The defendant is facing a six-count charge bordering on indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

    The actor pleaded not guilty to the six-count charge.

    The offences contravene Sections 135, 259, 262, 263 and 262 of the Criminal Law of Lagos State, 2015.

    Following the plea, the Lagos State Director of Public Prosecution (DPP), Mrs Olayinka Adeyemi, requested that the defendant should be remanded by the court.

    In a bail application supported by a 29-paragraph affidavit, Lead defence counsel, Mr Dada Awosika (SAN), prayed the court to grant the defendant bail in liberal terms.

    The bail application was brought pursuant to Section 105(2) and (3) of the Administration of Criminal Justice Law of Lagos State, 2015, and Sections 35 and 36 of the 1999 Constitution of Federal Republic of Nigeria (as amended).

    “I will wish to note that the issue of bail, especially on an offence of this nature, is a constitutional right.

    “This is a right the defendant has been deprived of for the past 48 days when he was unlawfully held by the police.

    “We are also not unconscious of the JUSUN strike which made it difficult to bring him to court,” he said.

    The counsel prayed the court to grant the defendant bail, saying that it was guaranteed under the 1999 Constitution.

    “Imagine if this man is kept in detention for many years and is found innocent, will there be any restitution? No.

    “Justice and fairness should be done,” he said.

    In response, Adeyemi urged that the defendant should be denied bail.

    According to het, the defendant is a flight risk and can influence witnesses, if granted bail.

    “I want to bring to my lord’s attention the nature of one of the offences – sexual assault by penetration – which carries life imprisonment.

    “Bail is a discretionary right, it is not a constitutional right.

    “On the nature of the offence and the strength of the evidence, there is a prima facie case before your lordship.

    “The court should take judicial notice of the crime which is rampant in society,” she said.

    Adeyemi said that prosecution had six witnesses in the case.

    Justice Oluwatoyin Taiwo earlier stood-down proceedings, before giving the ruling on the bail application.

  • BREAKING: Court denies Baba Ijesha bail in sexual assault case

    BREAKING: Court denies Baba Ijesha bail in sexual assault case

    A magistrate court sitting in Lagos state on Wednesday denied embattled actor, Baba Ijesha bail in the ongoing trial over alleged sexual assault.

    The Yoruba actor Baba Ijesha was arrested on April 22, 2021, by the Lagos State Police Command for allegedly sexually assaulting a 14-year-old girl in the care of popular comedienne, Adekola Adekanya, otherwise called Princess.

    During his trial on Wednesday, Kayode Olabiran, counsel to Baba Ijesha, prayed the court to release his client, citing his deteriorating health.

    He posited that the nature of the case has made it difficult to secure his release despite his bail as intending sureties were scared of the likely consequences.

    But in his ruling, P. E Nwaka, the judge, held that the court can not grant the actor bail because the matter is beyond its jurisdiction.

    The judge also explained that the case has already been filed before the high court.

    Also speaking, Yetunde Cardoso, the union superintendent of police in charge of the case, said the matter is now beyond the police.

    “Mr Olanrewaju was actually granted bail during the JUSUN strike and based on the conditions given, he couldn’t meet them and he was properly charged today (Wednesday),” she said.

    “Just like the court stated, the case has already been filed before the high court and the Directorate of Public Prosecution (DPP) of Lagos State Ministry of Justice has taken over the matter from the police.

    “So presently, we have handed over to the DPP so the case is before them (DPP). It has nothing to do with the police anymore, it’s now left for the DPP to handle it.”

  • Baba Ijesha still in custody despite bail – Police

    Baba Ijesha still in custody despite bail – Police

    Yoruba comic actor, Olanrewaju Omiyinka, popularly known as Baba Ijesha, who has been in police detention for alleged sexual assault, has been granted bail on health grounds.

    His lawyer, Adesina Ogunlana said: “He was granted bail about one hour ago. We are working to perfect the bail conditions. He was granted bail on health grounds. He has not been released. He will be released after his bail conditions have been perfected”.

    However a police source noted that despite him being granted bail, he is still in police custody.

    The source said, “Baba Ijesha is still in the cell. He has not been released. What happened was that some magistrates went to the State Criminal Investigation and Intelligence Department, Panti, Yaba, and they saw him there as he was limping.

    “One of the magistrates asked what was wrong with him and he said it was Princess boys, who beat him when they saw him and he had been feeling severe pain. So, the magistrates said since he had a health condition, they would recommend that he should be released on bail.

    “Aside from the report of the DPP, this is just a recommendation and they are still going to pass it through certain processes. So, Baba Ijesha is still with the police.”

    TheNewsGuru recalls that Ogunlana had on Friday submitted a letter to the Commissioner of Police seeking his client’s release on bail on the grounds that he had been traumatized and was walking with difficulties in detention.

     

  • BREAKING: Baba Ijesha granted bail

    BREAKING: Baba Ijesha granted bail

    Popular comic actor, Olanrewaju James better known as Baba Ijesha, detained by police for alleged sexual assault has been granted bail.

    His lawyer, Adesina Ogunlana, revealed this on Monday.

    “He has been granted bail about one hour ago. We are working to perfect the bail. He was granted bail on health grounds. He has not been released. He will be released after his bail conditions have been perfected,” he told Punch.

    Part of the bail conditions stated by the lawyer for Baba Ijesha’s release are two reliable sureties – one of them must be a level 10 officers, a direct blood relation, and N500,000 bail bond in like sum.

    TheNewsGuru recalls that Ogunlana had in a letter addressed to the Commissioner of Police seeking Baba Ijesha’s bail on Friday that Baba Ijesha is looking abnormally weak and lean.

     

    Part of the letter read, “We are aware that a piece of legal advice on our client’s matter has been issued about two weeks ago, disclosing prospective charges of bailable character.

    “From all indications, the investigation has been concluded in his matter and it is inconceivable that the issuance of legal advice will now be a basis for the denial of bail as you have been widely reported in the press to have claimed.

    “We submit that the continuous detention of Mr Olanrewaju James Omiyinka at your SCID Panti Yaba facility, for about thirty days now, in our respectful view, is in gross breach of his fundamental human rights as cognisable under the 1999 constitution the grand norm of the nation’s legal architecture.

    “As of today when I met with Omiyinka in the company of his thespian colleague and ready surety, Mr Yomi Fabiyi, he appeared traumatised, emaciated, and walked with a limp in his right leg. May I assure you, sir, that Mr Omiyinka is not a flight risk and he is prepared to face trial.”

     

  • DPP cancels bail possibility for Nollywood sex offender “Baba Ijesha”

    DPP cancels bail possibility for Nollywood sex offender “Baba Ijesha”

    The Directorate of Public Prosecution (DPP), Lagos State Ministry of Justice, has stalled any possibility of releasing Olanrewaju James, popularly known as, “Baba Ijesha” on bail.

    According to it, this is based on criminal charges he had to answer to.

    The Lagos State Police Public Relations Officer, CSP Olumuyiwa Adejobi, made the disclosure to newsmen on Friday at the Police Public Relations Office, Oduduwa, GRA, Ikeja, Lagos State.

    Baba Ijesha was arrested in April for defiling a minor.

    Adejobi said that the DPP advised the police to still detain Baba Ijesha, because the case against him, according to legal advice, is sexual assault by penetration, pending when he would be charged to court.

    “Invariably sexual assault is more like defilement too, considering the age of the victim.

    “So, Baba Ijesha is being kept with the police not within our own power, but because of the legal advice from the DPP pending when Baba Ijesha’s case will be charged to court.

    “If the DPP has advised us to release Baba Ijesha, we will have released him,” the spokesperson said.

    According to Adejobi, Baba Ijesha’s case was initially bailable, based on the statement that his offense was based on indecent assault which was a bailable offense.

    “However, after the DPP investigated the case file, the police advised not to release Baba Ijesha on bail pending when he will be charged to court.

    “The DPP said tha,t there are a number of cases Baba Ijesha will be charged for, particularly sexual assault by penetration, which is a serious offense,” he said.

    In addition, Adejobi said that police cells were managed and decongested to avoid overcrowding inmates.

    He said that most of the cases currently at their disposal were bailable offenses and they had been bailed while unbailable cases that were not yet in court, were granted tentative bail.

    “By tentative bail, the offender goes home, only after providing a substantive surety that assures to produce the offender as and when due, so our cells are well managed and not congested,” Adejobi said.

    He, however, said that several cases that make up offenders in police custody were pending cases attached to court and still within the police facilities.

    “As a result of the COVID-19 test, we can’t take them to correctional centres.

    “But they will be within our custody which makes up a number of cases we have now,” the police spokesperson said.

  • Release Baba Ijesha on bail – Yomi Fabiyi

    Release Baba Ijesha on bail – Yomi Fabiyi

    Popular actor, Yomi Fabiyi has demanded the release of Baba Ijesha from detention before Wednesday, May 12th, 2021.

    According to him, it is a violation of human rights for the police to continue to detain Baba Ijesha without a court trial.

    Fabiyi made this known via his Instagram page: “Without the PROTECTION of Human Rights, Peace and Development is challenging to achieve. Human Rights Violation is why we are moving backwards.

    “The Police or any law enforcement MUST NEVER HOLD any person beyond 48hrs(two working days) for ALL BAILABLE OFFENCE. They either grant bail or charged to court. The court must listen to a plea for bail and the judge decide.”

    The actor who has been on the supportive side of Baba Ijesha, said his continued detention would result in a protest, adding that no police officer had a unilateral right to detain the thespian beyond 48 hours.

    “If the Police has any cogent reason(s) to hold a suspect beyond the statutory two days, the prosecuting officer under the law is MANDATED to approach a court of competent jurisdiction immediately to argue why AN EXTENSION is needed. Only the court can give such an order. No Police officer, no matter how highly placed should unilaterally give such an order. No matter the charges or accusations, NEVER SUPPORT HUMAN RIGHTS ABUSE; it will come back to you if you do.

    “The law is sacrosanct, anybody can be accused of any crime anytime and every suspect is assumed innocent until proven guilty by the court of law.

    “Any state that does otherwise sees the citizens as animals that can be tossed around and does not practice democracy,” he said.

    Fabiyi further announced that a protest would be staged on Wednesday at Panti police station if Bab Ijesha was not released on bail before the said date.

    “Stand by what is right, all abuse of power by police aided by few dirty power-drunk citizens is why Nigeria is looking hostile towards you despite all its resources.

    “Protest peacefully on Wednesday at Panti against any form of human rights abuse or oppression. Don’t be a coward,” he wrote.

  • Akuapem Poloo, Ghanaian actress imprisoned over nude photo granted bail

    Akuapem Poloo, Ghanaian actress imprisoned over nude photo granted bail

    Controversial Ghanaian actress, Akuapem Poloo who was jailed for sharing a nude photo with her son on social media, has been granted bail, a week after the court sentence.

    TheNewsGuru recalls that the Circuit Court sitting in Accra sentenced the movie star to three months in prison after she pleaded guilty to the charges against her.

    But according to BBC Pidgin, a high court in Ghana granted the actress bail on Wednesday.

    The development followed an appeal filed by Andy Vortia, her counsel, that the court should release the actress pending the conclusion of a petition challenging her jail term.

    Vortia had instituted an appeal last Monday, faulting the court judgement.

    In the appeal, the lawyer had argued that the jail term was harsh, given that she was a first-time offender and had already pleaded guilty to the crime of publishing the nude photos.

    The lawyer had also argued that the court should have given her a fine for the said misdemeanor and not a custodial sentence.

    He had also filed the bail application to secure the release of her client until when the appeal is considered by the court.

    Speaking after the court’s ruling on Wednesday, Vortia said the bail application was considered on the basis that she was a first-time offender, her guilty plea, and welfare of her seven-year-old son.

    The lawyer revealed that she was granted bail in the sum of Ghc80,000 (N5,372,976) alongside two sureties.

    He explained that part of the bail condition is that the actress must report to the police twice a week while also submitting her passport to the court registrar.

    Vortia said the judge also ruled that the movie star must inform the court as well as the police of any travel she intends to embark on.

     

  • Celestial Church cleric gets bail in N11m fraud case

    Celestial Church cleric gets bail in N11m fraud case

    The Court of Appeal in Lagos on Thursday upheld the application for post-conviction bail by the founder of Genesis Parish of Celestial Church of Christ, Evangelist Israel Ogundipe.

    A three-man panel of the court granted Ogundipe bail on health grounds.

    The justices held that the bail subsists pending the determination of Ogundipe’s appeal challenging his two-year jail term for defrauding a United Kingdom-based woman of N11 million.

    A Lagos State High Court convicted and sentenced the popular televangelist last November, of defrauding Mrs Olaide Williams-Oni, following a trial that began in 2011.

    Justice Olabisi Akinlade found the priest guilty of two of the seven counts of obtaining by stealing, inducing delivery of money by false pretences, unlawful conversion of property and forgery.

    She dismissed the remaining five for lack of evidence.

    Akinlade ordered Ogundipe to pay the plaintiff the sum of N11m, which he illegally obtained from her.

    “Both sentences are to run concurrently and the defendant is to restitute the complainant the sum of N2.5million in respect of count two (stealing) and N8.5million in respect of count 4 (unlawful conversion of property not delivered),” the judge said.

    But, displeased, the convict, through his counsel, Mr. Babatunde K. Ogala, SAN, approached the appellate court for bail pending appeal and an application to quash the conviction.

    Ogala argued that the televangelist was diabetic, could no longer follow a strict diet and the constant specialised medical attention in custody, which had taken a toll on his health made him “gaunt in appearance.”

    He stated, among others, that prior to his incarceration, Ogundipe was suffering from hypertension, peptic ulcer and unending malaria which had worsened his health challenges since his November 18 conviction.

    Delivering the lead ruling on Thursday, Justice Abudullhai Muhammed Bayero admitted Ogundipe to bail in the sum of N2 million with two sureties in like sum.

     

  • You cannot be trusted with another bail, court rejects Maina’s application

    You cannot be trusted with another bail, court rejects Maina’s application

    Justice Okon Abang of the Federal High Court, Abuja, on Thursday, told Abdulrasheed Maina, former Chairman, defunct Pension Reformed Taskforce Team (PRTT), that he can not be trusted with another bail after jumping the first granted him.
    Delivering ruling, Justice Abang, said Maina had disappointed the court in his conduct.
    “Having considered the facts placed before me, the first defendant cannot be trusted with another bail.
    “He is not only a potential flight risk but a proven flight risk.
    “A defendant who fled the country while his travel documents were deposited in court cannot be trusted with another bail.
    “He has disappointed the court,” he ruled.
    He said Maina fled to the Republic of Niger and Chad in violation of the court order, while claiming that he travelled to the countries for the treatment of his kneel.
    He said in the argument of the Economic and Financial Crimes Commission (EFCC)’s lawyer, Mohammed Abubakar, Maina fled to Niamey, Niger Republic, to obtain a new travel documents with the aim of fleeing to the United States of America.
    Justice Abang held that the application lacked merit.
    He said though it was at the court discretion to grant bail, the ex-pension reformed boss did not deserve a bail after jumping the first bail.
    According to him, Maina did not place sufficient materials before the court to convince the court that he deserves the second bail.
    He said the medical report brought from the University of Abuja Teaching Hospital showed that Maina was not under any medical emergency.
    The judge said Maina’s medical report, which was attached to a further affidavit instead of an affidavit in support of the bail application, was silent on the purported knee injury which the defendant claimed he suffers.
    The judge also said the medical report did not show that the ailment the defendant suffers cannot be treated by any medical facility within the country.
    According to him the court cannot take another risk in granting the 1st defendant bail.
    “The application lacks merit and it is accordingly dismissed,” Abang ruled.
    Justice Abang, who refused to grant Maina’s application for an order directing the Economic and Financial Crimes Commission (EFCC) to release his confiscated property, including a BMW Car, also dismissed his request for an order to set aside the Nov. 18 and Dec. 4, 2020 orders.
    The judge the application to vacate the court order made to continue to hear the case in his absence lacked merit.
    Abang said Maina’s former counsel, M.C Agbo from the chambers of Joe Gazama, consented to the trial in absentia.
    “An order made with the consent of counsel cannot be complained about.
    “The subsisting order made with consent of counsel cannot be spent or set aside. It is not even appealable except with the leave of the court.
    “The application is a nullity,” he held.
    In addition, the judge earlier dismissed his application seeking the vacation of the order directing him to be remanded in Kuje Correctional Centre pending the hearing and final determination of the matter.
    Justice Abang, who adjourned the matter until March 1, ordered Maina to open his defence.
    TheNewsGuru.com, TNG reports that the court had, on Nov. 18, 2020, ordered the trial of Maina in absentia after he jumped bail.
    Also on Dec. 4, 2020, the court ordered Maina, after he was rearrested, to be remanded in prison custody pending the hearing and final determination of his matter.
    But Maina, who jumped bail and fled to Republic of Niger around September last year before his rearrest, had on Dec. 24, 2020, applied for another bail.
    Maina, through his one of his lawyers, Anayo Adibe, on Jan. 20, approached Justice Abang in a motion on notice.
    He argued that the application became necessary over his worsening health condition.
    In the motion, the ex-pension boss told the court that he had reasonable and responsible sureties who were willing to act as sureties if granted bail.
    Debunking the argument that he had jumped bail, Maina said he only travelled to the Republic of Niger to have a kneel surgery done.
    He claimed that If the knee surgery had not been done, his leg would have been amputated.