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Tag: Bail

  • Agba Jalingo granted N10m bail

    Agba Jalingo granted N10m bail

    A Federal High court in Calabar, Cross River State, presided over by Justice Sule Shuaibu has admitted journalist and rights activist, Agba Jalingo to bail.

    Justice Shuaibu sat over the case for the first time after taking over from Justice Simon Amobeda who rescuse himself from the case following condemnations that trailed refusals to grant the Journalist bail on three occasions.

    In his ruling while granting bail applied by Agba Jalingo, Justice Shuaibu set the bail bond at N10 million with one surety in like sum.

    According to ruling, the surety must be resident within the jurisdiction of the court and his address must be physically verified. Also, he must show means that he will be able to forfeit the bail bond, the Judge ruled.

    Adding, “the surety is expected to deposit N700,000 cash with the registrar of the court who will then pay it into an interest yielding account with a commercial bank” while Jalingo must seek the permission of court to travel out of the country if he wants to travel.

    “Agba Jalingo must deposed to an oath that he will be available in court while he and his surety must present two passport photographs.”

    Justice Shuaibu ordered that the proceedings of the court on the matter shall not be a matter of public discourse and subsequently adjourned the matter to the 6th, 7th and 8th days of April 2020 for the prosecution to open and close its case while other motions may be treated before that day.

    Agba Jalingo has spent 175 days in detention before bail was granted.

    Counsel to Agba Jalingo, Attah Ochinke Esq, in his motion, brought pursuant to sections 35 and 36 of the constitution of the Federal Republic of Nigeria 1999 as amended as well as sections 158, 161, 162 and 165 of the administration of criminal justice act 2015 urged the court to admit the defendant to bail relying on “his state of health as the special circumstance upon which the court may exercise its discretion.”

    Prosecution counsel, Tanko Ashang did not oppose the bail application from the defense.

    Ashang who is the Attorney General of Cross River State said he was not opposing the bail application dated November 7, 2019 and filed on November 12, 2019, however asked the court to be guided by the provisions of Section 34 subsection 3(a) and subsection 5 of the terrorism prevention amendment act of 2013 which bars the discussion of court proceedings on trials relating to terrorism as well as prescribes a five year jail term on those found wanting.

    The Cross River State government had last week taken over prosecution of the matter despite denying allegations that the Governor, Benedict Ayade was behind Jalingo’s ordeal.

    The trial had drawn local and international attention with several individuals and organisations demanding his unconditional release.

    Rights group, Amnesty International had in a recent press conference described the trial as a “sham” which fell short of regional and international standards especially after Justice Amobeda had ordered that the trial be held in secret and witnesses, masked while testifying against Jalingo.

  • BREAKING: Court grants ex-AGF Adoke bail

    A Federal High Court in Abuja has granted bail to former Minister of Justice and Attorney General of the Federation (AGF), Mohammed Adoke (SAN) and his co-defendant, Aliyu Abubakar.

    Justice Binta Nyako, in a ruling on Monday, granted both men bail on the conditions attached to an earlier bail granted them by a High Court of the Federal Capital Territory (FCT) in Gwagwalada, before which they were earlier arraigned on another charge.

    The ruling by Justice Nyako on Monday was in respect of their arraignment earlier on Monday on a six-count charge of money laundering and related offences, brought by the Economic and Financial Crimes Commission (EFCC).

    The High Court of the FCT, presided over by Justice Abubakar Kutigi, had in a ruling on January 30 this year, granted bail to Adoke and Abubakar at N50million and a surety each.

    Each of the sureties, Justice Kutigi said, must be resident in Abuja and has property in Abuja which must worth the bail sums imposed on the defendants individually.

    The defendants were also to deposit their travel documents with the court and must not travel outside the court’s jurisdiction without its permission.

    Justice Nyako adopted these convictions in her ruling a moment ago.

  • Alleged $1.2b Malabu Oil fraud: Court admits Adoke, others to bail

    An FCT High Court in Gwagwalada, on Thursday, admitted former Minister of Justice and Attorney General of the Federation (AGF), Mohammed Adoke, and two others to bail with the sum of N50 million each.

    Justice Abubakar Kutigi, granted Adoke and six others bail, after arguments from lawyers in the criminal case filed against the defendants by the Economic and Financial Crimes Commission (EFCC).

    The six other defendants are Aliyu Abubakar, Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Ultra Deep limited and Shell Nigeria Exploration Production Limited

    At the hearing of the various bail applications, defence lawyers Mike Ozekhome, SAN, for the first defendant; Wole Olanipekun, SAN, for the second defendant and Mahmud Magaji, SAN, for the third defendant, prayed the court to grant their clients bail.

    Kutigi in his ruling granted the first defendant (Adoke) and the second defendant (Abubakar) bail with the sum of N50 million each, while the third defendant (Gbinigie) was granted bail in the sum of N30 million.

    The bail conditions also include one reasonable surety each, who must have a landed property in Abuja and must show evidence of three years tax clearance.

    Kutigi ordered Adoke to submit his International passport to the Court’s Registrar.

    He adjourned the case untill March 26 and March 27 for hearing.

    However, Adoke’s lawyer, Ozekhome, thanked the Court for granting bail to his client, adding that the ruling was ”a victory to Judiciary”.

    ”We have filed two critical documents to show that the defendant will not jump bail and based on his health condition.

    ”We are very happy with the court ruling today because the bail condition is carrying a human face,” Ozekhome said.

    NAN also reports that the EFCC filed criminal charges against Adoke over his alleged indictment in the Oil Propective Licence (OPL) 245.

    The former Attorney-General of the Federation and Minister of Justice was on self-exile for four years when the charges were slammed on him by the Federal Government.

    The anti-graft agency accused the former justice minister of fraudulently allocating OPL 245.

    The former justice minister was arrested on Dec.19 by the EFCC on arrival to the country and has been in its custody since then.

  • Court reduces Maina’s bail conditions, admits him to N500m bail

    The Federal High Court, Abuja, on Tuesday, varied the bail conditions of Abdulrasheed Maina, ex-chairman, defunct Pension Reformed Task Team (PRTT).

    Justice Okon Abang, who gave the ruling, admitted Maina to bail condition in the sum of N500 million with a surety in the like sum who must be a serving senator.

    The judge ruled that the surety, who should not have a criminal case pending in any court, must have a landed property fully developed in either Maitama, Asokoro, Katampe or Central Business Districts of Abuja with certificate of occupancy attached as evidence.

    Justice Abang also ruled that the senator though would always come to the court at every adjourned date, the lawmaker only needed to come and sign a court register that would be opened at the registry.

    “And the registrar must sight the surety before going back to attend his legislative proceedings,” he ruled.

    Earlier, Justice Abang had noted that with the facts placed before the court, the application of the defendant ought not to have been granted.

    “But in the past few adjournments, I watched the conduct of the defendant.

    “He is calm and has not interrupted the proceedings of the court. Maybe he has realised that the court is bound to do justice in the case.

    “I am inclined, though, reluctantly to vary the bail conditions in this matter,” he said.

    News Agency of Nigeria (NAN) reports that Justice Abang had, on Nov. 26, admitted Abdulrasheed Maina to a bail in the sum of N1 billion.

    The judge, who gave the ruling, also ordered that Maina must produce two sureties who must be serving senators.

    The two lawmakers, according to the judge, must not be standing any criminal trial in any court in the country and must have landed property at Maitama or Asokoro area of Abuja.

    He also ruled that the two sureties, who must be prepared for a N500 million bond each, must always be in court with the defendant at each adjourned date.

    However, Maina had been unable to meet the bail conditions.

    Maina counsel had, on Dec. 6, applied for the variation of the bail conditions.

    However, the judge,on Dec. 18, 2019, adjourned the hearing on the bail variation application till Jan. 13.

    On Jan. 13, the judge again adjourned the hearing till Jan. 14 and after the proceeding, he adjourned to deliver ruling on the matter on Jan. 23.

    NAN also reports that Justice Abang had, on Monday, adjourned the ruling on the bail variation application till Jan. 28 due to heavy workload on the court.

    The judge had, on Jan. 23, unable to rule on the bail variation plea by Maina.

    NAN reports that Maina is being charged by the EFCC on a 12-count charge bordering on money laundering, among others.

  • Alleged extortion: Shehu Sani gets N10m bail

    A Federal High Court in Abuja on Monday granted bail at N10million to a former member of the Senate, Shehu Sani after he was arraigned on a two-count charge of bribery brought against him by the Economic and Finanacial Crimes Commission (EFCC).

    Justice Inyang Ekwo, who granted the bail application by Sani, said he must produce a surety who will sign bond of the same amount and who must own a landed property worth N10 within Abuja.

    Justice Ekwo ordered Sani to deposit his international passport and must only travel outside the country with the permission of the court.

    The judge, who granted accelerated hearing in the case, adjourned till February 24, 25 and 26 for trial.

    He ordered that the defendant be remanded in EFCC’s custody until he meets the bail conditions.

    Sani, who represented Kaduna Central Senatorial district in the 8th National Assembly, pleaded not guilty when the counts were read to him.

    According to the charges, Sani allegedly collected $15,000 from a busniessman, Sani Dauda under false pretence on November 20, 2019, promising to give the Chief Justice of Nigeria (CJN), Tanko Mohammed, in other to influence some pending cases in court.

    He also allegedly collected $10,000 from Mr Dauda to bribe the acting chairman of the EFCC, Ibrahim Magu.

    Details shortly.

  • CASE CLOSED: Orji Kalu to remain in prison as court dismisses bail option

    CASE CLOSED: Orji Kalu to remain in prison as court dismisses bail option

    Justice Mohammed Liman of the federal high court has dismissed Orji Uzor Kalu’s application for bail pending determination of his appeal against his fraud conviction.

    According to the judge, the applicant failed to prove exceptional circumstances that would warrant granting bail pending the determination of his appeal.

    Justice Liman said there was no evidence to prove the senator was suffering from chronic diseases Such as diabetes, and hypertension, and that they weren’t contagious.

    The court also rejected Mr Kalu’s argument that there are substantial grounds in his appeal against his conviction, saying it is an irrelevant
    ground.

    Also, the judge ruled that Mr Kalu’s absence at the Senate will no doubt be missed, but that his constituents should have known they were taking a risk of taking a potentially uncertain candidate, when they voted him to represent them as a federal lawmaker.

    The former governor is currently serving a 12 year jail term handed down on him, upon conviction for fraud and money laundering.

    Mr Kalu was convicted earlier in the month, of N7.1bn fraud and sentenced to 12 years’ imprisonment, which he has appealed against.

    He has been in prison since the day of his conviction. Last week, his lawyers told the court that he had serious health challenges that the medical facilities in the prison cannot handle.

    He also said that as the Chief Whip of the Senate and the senator representing Abia North Senatorial District, the interest of his constituents would be in jeopardy if he was kept behind bars.

    But counsel for the Economic and Financial Crimes Commission, Rotimi Jacobs (SAN), opposed the application.

  • Rape: 6 secondary school students denied bail

    Rape: 6 secondary school students denied bail

    An Iwo Road Magistrates’ Court in Ibadan on Friday denied bail to six secondary school students who were alleged to have raped a female colleague.

    The students: Akeem Abee, 17, Olaiya Faruq, 16, Kazeem Awal, 16, Ajao Waris, 17, Alamu Boluwatife, 17, and Dauda Mubarak, 17, are facing trial for conspiracy and rape.

    The News Agency of Nigeria (NAN) reports that the Chief Magistrate, Mr Taiwo Oladiran, said the magistrate court does not have jurisdiction to hear the case.

    Oladiran said : ” We all have powers; the issue of their age range of between 16 and 17 years is very important.

    ” If we have a very good correctional centre for minors where they can be corrected, they would have been held there.

    ” Even though the defendants are minors, they are to be remanded at Agugu police station pending receipt of legal advice from the Oyo State Directorate of Public Prosecution,” he said.

    The magistrate , thereafter, adjourned the matter till Dec 13 for mention.

    Earlier, the defence counsel, Mrs Christy Gbadeyanka, had asked the court to take the pleas of the defendants and grant them bail, citing some precedents.

    She argued that defendants were minors and keeping them with criminals would affect them negatively.

    Gbadeyanka said the defendants had learnt their lesson while in the police custody.

    She added that the defendants would not jump bail if released to reliable sureties, adding that the sureties would ensure they were available for their trial.

    The defence counsel also submitted that the defendants were first time offenders and had no previous criminal records.

    At the arraignment of the students, the Prosecutor, ASP Sunday Ogunremi, had alleged that the defendants on Nov. 17 at 6.00pm at Lagelu Grammar School, Ibadan, had unlawful carnal knowledge of one female student.

    He said that the offences contravened Sections 516 and 485 of the Criminal Code Cap 38, Vol. II, Laws of Oyo State, 2000.

  • Just in: Capt Labinjo gets N10m bail after spending one year in Naval underground detention

    The Federal High Court in Lagos on Monday granted N10m bail to a naval captain, Dada Labinjo, said to have been in a naval underground detention for over a year.

    Justice Muslim Hassan ordered Labinjo to produce one surety who must own a landed property in Lagos and must show evidence of three-year tax payment.

    However, the judge ordered that Labinjo be released to his lawyer, Jerry Omoregie, pending when he would meet the bail conditions within 15 days.

    The lawyer was directed to submit his Certificate of Call to Bar to the court’s registrar as a guarantee that he would produce his client for trial.

    The bail followed Labinjo’s arraignment alongside others on two counts of dealing in petroleum products without lawful authority.

    Among the other defendants was Labinjo’s wife, Bola Labinjo, a Lieutenant Commander in the Navy.

    The Economic and Financial Crimes Commission told the court that the defendants conspired among themselves between August and October 2018 to deal in Automobile Gas Oil (diesel), without the appropriate licence.

    According to the EFCC, the defendants committed the offence “within the Nigerian maritime domain and the Gulf of Guinea.”

    The prosecution said they acted contrary to sections 3(6) and 1((19)(a)(b) of the Miscellaneous Offences Act Cap. M17 Laws of the Federation of Nigeria (Revised Edition) 2004, and were liable to be punished under Section 1(17) of the same Act.

    But they pleaded not guilty.

    The other defendants were admitted to bail in terms similar to Labinjo’s.

  • Court softens journalist Abiri bail condition

    Court softens journalist Abiri bail condition

    The Federal High Court in Abuja on Monday softened the bail conditions for a Bayelsa based journalist, Mr Jones Abiri.

    The News Agency of Nigeria (NAN) reports that on June 24, Abiri was arraigned on a three-count charge of terrorism, economic sabotage and fraud.

    Justice Ijeoma Ojukwu had earlier granted him N100 million bail with one surety in like sum, wherein she ordered that the surety must own a landed property in Abuja metropolis.

    Abiri was unable to meet the requirements to regain his freedom, forcing his counsel, Mr Samuel Ogala, to apply before the court to vary the bail terms.

    The judge, however, on Monday gave Abiri new bail conditions.

    In the varied bail terms, Ojukwu ordered one Mr Frederick Lokpobri, a level 14 officer of the Federal Ministry of Power who elected to stand as surety for Abiri, to swear to an affidavit.

    The judge ordered Lokpobri to swear to an affidavit of means commensurate with the bail sum earlier granted.

    He was also asked to in furtherance, deposit originals of the title documents of his landed property situated at the Nassarawa axis before the court registrar.

    Ogala in a motion dated Sept. 2 and filed on Sept. 3, informed the court that his client was unable to meet the previous bail conditions because Abiri knew no one with a landed property within Abuja metropolis.

    The Federal Prosecutor, Mr Bagudu Sani, opposed the bail application in a counter affidavit, urging the court to discountenance it.

    Counsel to Abiri, argued that the prosecution failed to adduce cogent reasons why the application for variation should not be granted.

    Ojukwu granted the bail application and adjourned the matter until Oct. 17 for trial.

    While addressing newsmen after the court proceedings, Ogala said he hoped Abiri would be released after perfecting the new bail conditions.

  • R.Kelly denied bail, trial date for 2020

    R.Kelly’s application for bail has been denied .The trial date for his case has been set for May, 2020.
    According to reports, R.Kelly had asked to be freed while awaiting trial. His lawyers argued that he doesn’t have any money to flee even if he wanted to.
    However, a Brooklyn federal Judge Ann Donnelly denied that request on Wednesday, October 2, 2019. According to her, Kelly is accused of committing crimes involving “very young girls,” his finances are “murky, to say the least” and the proposed home detention “certainly would do nothing to deter him” from intimidating witnesses.
    Though R.Kelly wasn’t in court for the sitting, his lawyers were unable to convince the Judge to grant him bail. A new date, May 18, 2020, has been set for trial and the judge said the proceeding is expected to last about three weeks.
    Back in August 2019, R.Kelly was denied bail by a Brooklyn magistrate after fresh charges were leveled against him.