Ozekhome, Ubani, others hail court verdict on Igboho’s aides’ bail
…Court stops DSS, AGF from arresting Igboho
By Ariemu Ogaga and Uthman Salami
After 34 days of incarceration, a federal high court has granted bail to 12 aides of the Yoruba Nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho.
On July 1, DSS operatives stormed Igboho’s residence at Soka, Ibadan around 1 a.m., killing two of his associates and arresting about 13 persons.
Igboho, who escaped the raid, had gone into hiding as the secret police declared him wanted before he was later arrested at Benin Republic where he is standing trial.
The presiding judge, Justice Obiora Egwuatu on Wednesday said that it was clear that no charge has been brought against Sunday Igboho’s Aides since their arrest.
The justice made this pronouncement while delivering his judgement on the application filed by Igboho’s aides before the court.
In his ruling, the judge found out that refusing their bail without properly charging them would contravene the provisions of the Administration of Criminal Justice Act and their fundamental rights.
Meanwhile, eight of the applicants, the 1st, 3rd, 4th, 7th, 8th, 9th, 10th, and 11th applicants out of the 12 defendants, were granted bail to the tune of N5million each with surety in like sum resident in Abuja, while the 2nd, 5th, 6th, and 12th applicants, were granted bail in the sum of N10 million each with two sureties in like sum also resident in Abuja.
Other bail requirements for admitting the four applicants to bail include the two sureties must be a Federal Government employee not below grade level 12.
The two sureties must also present evidence of three years’ tax payment and the document of their property must be verified by the DSS and the court.
Reacting on the court verdict, a constitutional lawyer, Chief Mike Ozekhome, SAN said the judgement is a good omen to the judiciary.
According to him, “A good omen from out beleaguered judiciary that has refused to be cowed by the blaring sirenes of power. Kudos to a resilient judiciary, the last hope of the common man and woman,” he said.
Also, a Human Rights Lawyer, Barr. Frank Tietie, said DSS must release defendants immediately once the court registry is satisfied with the fulfillment of their bail conditions.
In his words, “There is nothing fantastic about being granted bail by the court for bailable offences. So long that it is not a capital offence such as murder or treason.
“The court has the discretion to grant bail to any citizen of Nigeria who has been accused of a crime. It is a constitutional rights.
“The terms of the bail are fair and reasonable. They cannot be described as onerous or stringent but leaving the defendants in the custody of the DSS pending the perfection of the bail terms does not in any way imply that it can scrutinize the suitability of the sureties.
“Once the registry of the Court is satisfied with the fulfillment of the bail terms, the DSS must release the defendants immediately,” he stated.
Similarly, a senior lawyer, Barr. Charles Odenigbo disclosed that if DSS failed to appeal the judgement, then it must comply with the courts’ decision.
“DSS has the option of obeying the Order or Appeal. If the DSS fails to Appeal then it must comply with the other of the honorable court,” he said.
On his part, Barr. Monday Oyenkachi Ubani chided the Nigerian security agencies for acting without any cause.
Ubani said, “That is to tell that our security agency is always trying ‘to intimidate’ the innocent masses,” assuring that Nigerian “justice system is always there to ensure that the rights of the citizens are not violated.”
“Kudos to our judicial system that lives up to expectation, not intimated, saying the right thing, and beyond that, those aides should sue DSS for unlawful detention.”
However, lawyer to the DSS, I. Awo opposed the application for bail for four of the applicants in custody saying that the service had not concluded their investigation.
The applicants include; Amudat Habibat Babatunde, Abideen Shittu, Jamiu Noah Oyetunji and Bamidele Sunday listed as 2nd, 5th, 6th and 12th applicants in the application.
He did not oppose the application for bail for eight others which include; Abdullateef Ademola Onaolapo, Tajudeen Irinloye, Diekola Jubril Ademola, Ayobami Donald, Uthman Opeyemi Adelabu, Olakunle Oluwapelumi, Raji Kazeem and Taiwo Opeyemi Tajudeen who are 1st, 3rd, 4th, 7th, 8th, 9th, 10th and 11th applicants respectively.
In another development, the Oyo State High Court sitting in Ibadan has restrained the DSS and the Attorney General of the Federation (AGF) from arresting and blocking the account of Igboho.
Ladiran Akintola gave the order on Wednesday after listening to the motion ex parte filed by Mr Igboho’s counsel, Yomi Alliyu, a Senior Advocate of Nigeria (SAN).
Mr Alliyu had moved the motion ex parte, urging the court to grant his application.
Other respondents in the suit are the Director of State Services, Oyo State and the AGF.
None of the respondents was in court or represented by counsel.
Delivering his ruling, Mr Akintola said he was satisfied with the explanation provided by the applicant’s counsel evidencing the urgent need to grant the application.
The judge ordered and restrained the respondents, their agents or any other security agents acting on their behalf from killing, arresting, detaining or harrassing Mr Igboho.
Akintola also restrained the respondents from interfering with the applicant’s fundamental rights to life, personal liberty, freedom of movement and enjoyment of his property without fear of invasion of his home.
The judge further ordered the respondents not to block the account of the applicant in any bank or placing no debit on it and to lift same where they had so acted, pending the hearing and determination of the suit.
He adjourned the case till August 18, for hearing of the main suit.
Alliyu had informed the court that the life of his client was being threatened after the invasion of his house on July 1 by DSS officials.
The counsel informed the court that his client’s property were damaged and one of the occupants killed by the security agents during the invasion. He tendered exhibits and a written address to support his motion.
